Order Effective When Tenant Resumed Occupancy

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant. Her apartment was fire-damaged, and she had to move out temporarily. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord and restored tenant's rent, effective May 30, 2003. Tenant appealed, claiming that the effective date of the rent restoration should be July 1, 2003. Tenant claimed that she didn't remember exactly when she moved back in and that some repairs were still needed. The DHCR ruled against tenant. Landlord had stated that the apartment was ready for occupancy in May 2003 and that tenant moved back in shortly after that. And HPD had issued an order on May 30, 2003, revoking its prior vacate order.

Hart: DHCR Adm. Rev. Dckt. No. SI410071RT (5/13/05) [2-pg. doc.]