Tenant Can't Challenge Findings in Rent Reduction Order

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant applied for a rent reduction based on reduction in services. The DRA ruled for tenant. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that the effective date of the rent restoration should be August 2004, not June 1, 2003. The DHCR ruled against tenant. The DRA sent tenant a notice dated July 28, 2004, asking her when she moved back into the apartment after a fire. Tenant didn't answer this notice or a second notice. The second notice told tenant that landlord claimed tenant moved back into the apartment in May 2003. So the DRA correctly restored the rent based on landlord's claim.

Parker: DHCR Adm. Rev. Dckt. No. SI410072RT (5/26/05) [2-pg. doc.]