No Rent Restoration Where Terraces Were Still Under Repair

Rent-stabilized tenants in New Rochelle complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings that there were open boxes exposing TV cables in the compactor chute rooms, one floor had peeling paint on hallway walls and ceilings, terraces at the east corner of the building had falling concrete, and stairwell window screens were missing or broken. Landlord later applied for rent restoration based on restoration of services.

The DRA ruled for landlord in part but didn't restore rents. Other services had been restored, but the terraces hadn't been restored because the DHCR's inspector found falling debris on the terraces, which were still in the process of being repaired. Landlord appealed, claiming that just because scaffolding was still up at the time of inspection didn't mean the terrace repair wasn't complete.

The DHCR ruled against landlord. Later inspection in response to a second rent restoration application filed by landlord showed that there was still a small terrace area where concrete was in danger of falling. Landlord also argued that the rent reduction should apply to only the 20 out of 58 apartments that had terraces. But landlord never appealed the DRA's original order to raise this argument. And the danger posed by the possibility of falling concrete affected all building tenants.

Samson Management, LLC: DHCR Adm. Rev. Docket No. GW930037RO (8/18/20) [3-pg. doc.]