Tenant Can't Raise Service Reduction Issues in MBR Challenge

Landlord applied for 2000-2001 MBR increases. The DRA ruled for landlord, and rent-controlled tenants appealed. Among other things, tenants claimed that landlord didn't maintain required services. The DHCR ruled against tenants. Landlord proved eligibility for MBR increases by certifying that all rent-impairing building violations and 80 percent of all other violations on record six months prior to landlord's filing date had been corrected. The service issues raised by tenants didn't relate to building violations. If landlord wasn't providing required services, tenants should file a separate complaint with the DHCR. Tenants can't raise service reduction issues in an MBR challenge.

Andros: DHCR Adm. Rev. Dckt. No. RH420012RT (10/21/04) [5-pg. doc.]