Rents Properly Restored Based on DHCR Inspection Report
LVT Number: #30953
The DHCR reduced the rents of rent-stabilized tenants based on a reduction in various building-wide services. The DRA ruled for tenants. Although some services had been restored, there was inadequate janitorial service in the west wing compactor rooms on the second and fifth floors. The DRA later granted landlord's application to restore rent.
Tenants appealed, claiming that the compactor rooms were still filthy. The DHCR denied their Petition for Administrative Review (PAR) based on agency inspection. Tenants then filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable.
The court ruled against tenants. The DHCR was entitled to rely on its April 2018 inspection indicating that janitorial service in the compactor rooms had been restored. And tenants never appealed other initial DRA findings that other services were being provided, so they couldn't argue that other services hadn't been restored in this appeal.
Campbell v. DHCR: Index No. 524266/2019, 2020 NY Slip Op 32877(U)(Sup. Ct. Kings; 8/27/20; Jimenez-Salta, J)