No Rent Reduction Where Court Already Gave Tenant Abatement

Rent-stabilized tenant complained of a reduction in services based on a defective stove. The DRA dismissed the complaint, and the DHCR denied tenant's PAR. Tenant appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against tenant. In a prior housing court proceeding, landlord had sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant owed $18,000 in rent after landlord gave tenant a $1,000 rent credit and a 20 percent rent abatement for 60 days based on the stove problems. So tenant was barred by the court ruling from seeking further rent reductions from the DHCR. In addition, tenant filed his DHCR complaint in June 2009. So the effective date of any rent reduction would have been July 1, 2009. By that time, tenant had moved out of the apartment.

Strujan v. DHCR: Index No. 402728/10, NYLJ No. 1202483471351 (Sup. Ct. NY; 2/14/11; Kern, J)