Services Restored by Time of DHCR Inspection

In March 2018, rent-stabilized tenant complained of a reduction in services based on defects to light switches in the bathroom and bedroom, the bathroom outlet, bathroom light, bedroom light fixture, and electricity in part of the bedroom. Landlord advised the DRA that it had corrected the conditions, and the DRA ordered an inspection in November 2018. Tenant canceled the inspection and notified the DRA that repairs were completed. A month later, the DRA denied the complaint on that basis. Tenant appealed and lost. Tenant claimed damages for loss of services during the period before services were restored. But DHCR Policy Statement 90-2 provides that generally no rent reduction is warranted if landlord has restored services prior to a DHCR inspection. And if tenant was seeking money damages from landlord, it was beyond the scope of the DHCR's authority to award that remedy.

Madison: DHCR Adm. Rev. Docket No. GX420016RT (11/27/19) [2-pg. doc.]