Tenant Got Prior Court-Ordered Rent Abatement

Tenant complained of reduced services based on mildew conditions in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming tenant had already gotten an $1,800 rent abatement in court. Landlord had sued to evict tenant for nonpayment of rent. Tenant had claimed breach of the warranty of habitability based on the same mildew conditions. Under the Rent Regulation Reform Act of 1997, the amount of any rent reduction ordered by the DHCR must be reduced by any credit or abatement tenant gets in court for the same conditions. Since tenant's rent abatement was more than the DHCR rent reduction, the DHCR ruled for landlord and revoked the rent reduction.

Virginia Gardens: DHCR Adm. Rev. Dckt. No. MJ210067RO (4/7/99) [2-pg. doc.]