Tenant Got Court-Ordered Rent Cut for Same Condition

(Decision submitted by Pamela A. Koplik of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenant complained of reduced services. The DRA ruled against tenant, and tenant appealed, claiming that many conditions that he complained about hadn't been corrected. The DHCR ruled against tenant. The DRA had dismissed tenant's complaint. Landlord, tenant, and other building tenants had signed a settlement agreement in court in which landlord agreed to make the same repairs and tenants got a three-month rent abatement. The settlement agreement also stated that all claims were being resolved. The Rent Regulation Reform Act of 1997 bars double payments on service issues. Since tenant got a rent abatement, he couldn't also get a DHCR rent reduction for the same items.

Bobek: DHCR Adm. Rev. Dckt. No. NH430083RT (12/29/99) [3-pg. doc.]