Rent-Controlled Tenant Can't Get Second Rent Cut

January 1, 2003

LVT Number: 16324

Rent-controlled tenant got a rent reduction order from the DHCR based on landlord's failure to paint. Landlord painted the apartment but never applied for rent restoration. Ten years later, tenant again requested painting, but landlord didn't do so because the rent wasn't restored after the previous painting. Tenant asked the DHCR if he could file a new service complaint and get a second rent cut. In an opinion letter, the DHCR said no. Tenant already has a rent cut in effect for landlord's failure to paint.

Rent-controlled tenant got a rent reduction order from the DHCR based on landlord's failure to paint. Landlord painted the apartment but never applied for rent restoration. Ten years later, tenant again requested painting, but landlord didn't do so because the rent wasn't restored after the previous painting. Tenant asked the DHCR if he could file a new service complaint and get a second rent cut. In an opinion letter, the DHCR said no. Tenant already has a rent cut in effect for landlord's failure to paint. But tenant may be able to get a court order directing landlord to paint the apartment.

DHCR Opin. Ltr. by Charles Goldstein (10/18/02) [3-pg. doc.]

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