No Rent Reduction Where Service Restored Before DHCR Inspection

Rent-stabilized tenant complained of a reduction in building-wide services based on landlord's failure to collect recyclables from the trash room on each floor. Landlord instead changed its practice by requiring tenants to bring recyclables to the basement. Landlord initially answered that its change wasn't a reduction in services. But within a few months landlord responded further that it had restored trash rooms to each floor of the building. The DRA ruled against tenant and dismissed the complaint.

Tenant appealed and lost. Although restored, he argued that the service had been reduced for six months. But DHCR Policy Statement 90-2 stated that "if prior to an inspection the owner has restored the services referred to in the tenant's complaint, there is generally no rent reduction ordered." Since service here had been restored prior to DHCR inspection, tenant's complaint was properly terminated without finding a decrease in service had occurred.

Desser: DHCR Adm. Rev. Docket No. HR410013RT (8/24/20) [2-pg. doc.]