Tenant Filed Two Identical Complaints

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a reduction in services in two identical complaints filed within one month of each other. The DRA decided tenant's second complaint first and ruled against tenant. The DRA later decided tenant's first complaint and ruled for tenant. Landlord appealed, claiming that this was unreasonable and that the DRA should have consolidated the cases. The DHCR ruled against landlord, and landlord appealed. The appeals court ruled for landlord. The court found that the DHCR's procedure was unreasonable. Since the DRA first dismissed one of the two identical complaints, landlord had no proper notice that any condition still needed to be corrected.

West Port Realty Co. v. DHCR: Index No. 31355/95 (3/14/96) (Sup. Ct. Kings; Vaccaro, J) [5-page document]