Restoration Effective as of Date Landlord's Application Delivered to Tenant

Tenant complained of reduced services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration, claiming that it had made all repairs directed by the DRA. The DRA ruled for landlord and restored tenant's rent. Tenant appealed, claiming that the effective date of the rent restoration shouldn't have been Aug. 1, 1998, because DHCR inspections didn't take place until September and October 1998. The DHCR ruled against tenant. Under DHCR Policy Statement 90-2, rent is restored for a rent-stabilized tenant on the first day of the month following the delivery to tenant of landlord's rent restoration application. Since landlord's application was delivered to tenant on July 17, 1998, the correct effective date was Aug. 1, 1998.

Gibbs: DHCR Adm. Rev. Dckt. No. MK310117RT (4/16/99) [2-pg. doc.]