Tenant Can't Revive Service Complaint After Condition Cured

Rent-stabilized tenant complained of a reduction in services based on inadequate water service in his apartment. The DRA ruled against tenant, who appealed and lost. Tenant claimed that the building's water service was completely shut off for no fewer than 12 workdays during a one-year period ending on Nov. 30, 2018. He said that, by the time the DHCR showed up for inspection, service had been restored. Tenant argued that he was still entitled to a rebate for the service reduction. But DHCR Policy Statement 90-2 lets the DHCR rely on agency inspection to make a determination and, generally, no rent reduction is warranted if a landlord has restored services prior to DHCR inspection. In addition, although tenant claimed that the service reduction began in November 2017, he waited until October 2018 to file his complaint. Landlord noted that for each temporary service reduction required by a water shutdown, landlord gave tenants 48 hours' advance notice. Landlord also gave tenants a 10 percent rent reduction for eight months while building construction was ongoing. Also, the DRA scheduled an inspection of tenant's apartment in February 2019, but tenant canceled on the day of inspection and stated that the condition had been corrected.

Freed: DHCR Adm. Rev. Docket No. HO410043RT (3/6/20) [3-pg. doc.]