Objection to Registration Treated as Service Complaint

March 1, 1999

LVT Number: 13074

Tenants filed objections to landlord's initial registration of services with the DHCR, claiming that certain listed services weren't provided. The DHCR treated tenants' objections as service complaints, found that services had been reduced, and reduced tenants' rents. Landlord appealed, claiming that this unusual procedure of treating the objection to registration as a service complaint was unreasonable. The court and appeals court ruled against landlord. The DHCR had notified landlord of the nature of tenants' complaints and that the tenants complained of missing services.

Tenants filed objections to landlord's initial registration of services with the DHCR, claiming that certain listed services weren't provided. The DHCR treated tenants' objections as service complaints, found that services had been reduced, and reduced tenants' rents. Landlord appealed, claiming that this unusual procedure of treating the objection to registration as a service complaint was unreasonable. The court and appeals court ruled against landlord. The DHCR had notified landlord of the nature of tenants' complaints and that the tenants complained of missing services. Landlord also knew of these complaints because the building had previously been reclassified from a hotel to an apartment building based on the absence of those same services tenants complained about.

Broadway Bretton, Inc. v. DHCR: NYLJ, p. 28, col. 2 (2/11/99) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Nardelli, Rubin, JJ)

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