No Retroactive Rent Reduction

Tenant complained of a reduction in services, claiming that landlord didn't pay for heat and hot water after converting from a single boiler to individual apartment unit heaters. The DRA ruled for tenant, and reduced tenant's rent effective Nov. 1, 2007. Landlord later applied for rent restoration based on restoration of services. Landlord now paid for tenant's heat and hot water. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed she had paid for heat and hot water for four years without reimbursement. But tenant filed her service reduction complaint in Sept. 2007, and the DRA sent landlord notice of the complaint on Oct. 30, 2007. So the rent reduction only became effective as of Nov. 1, 2007. The DHCR couldn't authorize any further rent reduction.

Fosen: DHCR Adm. Rev. Docket No. XK210004RT (5/7/10) [3-pg. doc.]