Partial Restoration for Rent-Controlled Tenant

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord later applied to restore the rent based on restoration of services. The DRA ruled against landlord concerning rent-stabilized tenants but permitted a partial rent restoration for rent-controlled tenants based on specific dollar amounts for the items found to have been corrected. Tenants appealed, claiming that rent-controlled and rent-stabilized tenants shouldn't have been treated differently. The DHCR ruled against tenants. Rent control provisions permit partial rent restoration since tenants receive a specific, dollar-amount, per-item, rent reduction. Rent stabilization provisions, on the other hand, provide for guidelines rent reductions regardless of the number of service items found to have been decreased. So the guidelines decrease won't be restored until all items are restored.

@ Gaynor: DHCR Adm. Rev. Dckt. No. IL230075RT (1/17/97) [2-page document]