Second Rent Reduction Order Not Based on Same Conditions

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the DHCR had already issued a rent reduction order for the same conditions. Landlord also claimed that the claimed conditions were minor. The DHCR ruled against landlord. In the prior case, the DHCR reduced rents based on findings of leaks and other conditions in tenants' apartment. The new complaint was based on the building's exterior facade conditions. The fact that the facade defects were the source of the leaks to tenants' apartment didn't bar the issuance of the new order. But tenant's rent still was only reduced to the level in effect prior to the most recent guidelines increase, so there was no additional rent reduction.

William Moses Co., Inc.: DHCR Adm. Rev. Docket No. WK410028RO (4/8/09) [3-pg. doc.]