Landlord's Rent Restoration Application Denied

Rent-stabilized tenant complained of a reduction in services due to vermin and bedbugs in her apartment. The DRA ruled for tenant and reduced her rent after the DHCR’s inspector found evidence of mice and roaches in the apartment, and an HPD violation issued for bedbugs. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord because HPD had issued another bedbug violation for the apartment. Landlord appealed and lost. Landlord argued that, at the time its rent restoration application was filed, all conditions had been cured. HPD’s new violation was issued several months after landlord filed its application. The DHCR found that landlord’s obligation to keep the apartment free from vermin was ongoing and the DRA properly relied on the new HPD violation.

5712 Realty, LLC: DHCR Adm. Rev. Docket No. EP210048RO (7/13/16) [3-pg. doc.]