Retroactive Date for Rent Restoration Is Valid

Tenants complained of a reduction in building-wide services based on landlord's discontinuation of storage room service. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord. Tenants appealed and lost. Tenants objected to the retroactive effective date of the rent restoration. They had to pay the restored portion of the rent for four prior months, as well as pay the restored rent going forward. Tenants appealed a second time and lost. Under DHCR Policy Statement 90-2, the rent restoration date is the first date of the month following the date tenants were notified of landlord's application to restore rents.

Various Tenants of 139-05 85th Dr.: DHCR Adm. Rev. Docket No. UB130050RT 9/15/06 [3-pg. doc.]