Rent Restored on First Rent Payment Date After Application Filed

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied in 2009 for rent restoration based on the restoration of services. The DRA ruled for landlord and restored tenant's rent to its full amount, effective retroactively as of Dec. 1, 2004. Tenant appealed, claiming that restoring her rent as of a date more than four years before landlord filed its application was an error. Tenant pointed out that this was required under Rent Stabilization Code Section 2522.2. The DHCR ruled for tenant. The effective date of the rent restoration was changed to May 1, 2009, the first date of the month following notice to the tenant of landlord's application to restore rent.

Zachery: DHCR Adm. Rev. Docket No. XD110041RT (9/18/09) [2-pg. doc.]