Restoration Effective After Tenant Served with Application

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) The DRA reduced tenant's rent, based on defective kitchen cabinet doors, faulty electrical outlets, and peeling paint and plaster in the bathroom. Landlord applied to restore the rent, and a DHCR inspector confirmed that landlord had fixed all the defective conditions. So, the DRA restored the rent, effective Aug. 1. Tenant appealed, arguing that services weren't restored until November. The DHCR ruled for landlord. As long as landlord has restored the services, the rent restoration application becomes effective on the first rent payment date after landlord serves tenant with a copy of the application. Landlord had sent a copy of the application in July, so Aug. 1 was the correct effective date.

Lehrman: DHCR Adm. Rev. Dckt. No. DB 110105-RT (10/12/94) [2-page document]