Rent Reduction Order Took Effect Before Improvements Made

LVT Number: 15176

Tenant complained of a rent overcharge. Landlord submitted proof of individual apartment improvements made before tenant moved in. Still, the DRA ruled for tenant. Landlord appealed and lost. Although landlord was entitled to a rent increase for apartment improvements, it couldn't collect the increase because there was a prior rent reduction order in effect. The rent for the apartment was reduced in response to prior tenant's reduction in services complaint, and the rent hadn't yet been restored. So the rent was frozen.

Tenant complained of a rent overcharge. Landlord submitted proof of individual apartment improvements made before tenant moved in. Still, the DRA ruled for tenant. Landlord appealed and lost. Although landlord was entitled to a rent increase for apartment improvements, it couldn't collect the increase because there was a prior rent reduction order in effect. The rent for the apartment was reduced in response to prior tenant's reduction in services complaint, and the rent hadn't yet been restored. So the rent was frozen. Landlord can't collect the rent increase until the DHCR issues an order restoring the rent.

B&R Assocs.: DHCR Adm. Rev. Dckt. No. KH310110RO (5/30/01) [4-pg. doc.]

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