Rent Reduction Remains in Effect for New Tenant

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord after inspection showed that there were still six broken window panes in the basement as well as accumulated garbage. Landlord appealed, claiming that the DRA incorrectly listed Apartment 1B as an apartment affected by its order, because the tenant of that apartment who signed the original complaint had moved out. The DHCR ruled against landlord. A rent reduction order remains in place for an apartment after a tenant moves out and applies to the next tenant. Landlord could charge new tenant a vacancy increase, but couldn't otherwise increase the reduced rent until ordered restored by the DHCR. New tenant could file an overcharge complaint if landlord was collecting excess rent.

600 Ocean Avenue, LLC: DHCR Adm. Rev. Docket No. YB210076RO (8/25/10) [3-pg. doc.]