Tenant Letters Withdrawing Building-Wide Service Complaint Were Invalid

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that 23 out of 27 tenants who had signed the complaint had signed letters withdrawing their complaint, and landlord had submitted these to the DRA with its answer. Tenants and their attorneys responded to landlord’s PAR, claiming that the withdrawal letters were invalid, were obtained through fraudulent means, were against public policy, and that tenants weren’t aware that they had signed letters withdrawing their complaint. Tenants also said that the service deficiencies hadn’t been corrected. There were cracks and water damage on the lobby ceilings, janitorial services were inadequate in the hallways and inside the elevator, and there were other issues with fire exit doors. The DHCR found that the DRA correctly rejected the withdrawal letters since they didn’t comply with Rent Stabilization Code Section 2520.13. The letters showed no negotiated settlement or representation by counsel. 

682 Ocean Property, LLC: DHCR Adm. Rev. Docket No. EP230036RO (2/16/07) [4-pg. doc.]