Tenant Must Repay Back Rent in 18 Months After Rent Restoration

LVT Number: #26869

Tenant complained of a reduction in services after a fire made her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month. Later, landlord applied for rent restoration based on restoration of service. The DRA ruled for landlord and restored the rent retroactively. Tenant appealed and lost. Tenant objected to the portion of the DRA’s order directing her to pay back the restored rent in 18 equal monthly payments.

Tenant complained of a reduction in services after a fire made her apartment uninhabitable. The DRA ruled for tenant and reduced her rent to $1 per month. Later, landlord applied for rent restoration based on restoration of service. The DRA ruled for landlord and restored the rent retroactively. Tenant appealed and lost. Tenant objected to the portion of the DRA’s order directing her to pay back the restored rent in 18 equal monthly payments. Tenant sought a 36-month repayment period.  But landlord notified tenant that the apartment was ready for re-occupancy in August 2014, which tenant didn’t deny. And tenant denied access for a DHCR inspection in January 2015. The DRA set up a fair and equitable repayment period for tenant’s rent.

 

 

 
Sousa: DHCR Adm. Rev. Docket No. DQ110015RT (1/7/16) [3-pg. doc.]

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