Rent Reduction Order Retroactive to Month After Landlord Gets Complaint

Rent-stabilized tenant complained in March 2017 that gas service wasn't being provided. The DRA ruled for tenant and reduced her rent effective May 1, 2017. Tenant appealed and lost. Tenant claimed that there had been no gas service since July 2016 and therefore the effective date of the rent reduction should go back to that date. But DHCR Policy Statement 90-2 provides that a rent-stabilized tenant's rent will be reduced retroactive to the first day of the month following the date of service on the owner of the tenant's complaint. Since the DRA sent landlord a copy of tenant's complaint on April 3, 2017, May 1, 2017, was the proper effective date for the rent reduction.

Faloye: DHCR Adm. Rev. Docket No. GM410005RT (11/21/18) [2-pg. doc.]