Tenants Didn't Rebut Affidavit Submitted by Landlord

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Daniels Norelli Schwartz-Sidrane & Cecere, LLP.) Tenants complained of a reduction in building-wide services. The DRA reduced tenants' rents. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord, and tenants appealed, claiming that some services were still inadequate and that repairs weren't done properly. The DHCR ruled against tenants. Landlord submitted an independent architect's or engineer's affidavit certifying that repairs were done, in accordance with DHCR Policy Statement 96-1. Tenants then had 30 days to rebut the affidavit by filing objections with the DHCR. The DHCR also inspected the basement and found that janitorial services were being adequately maintained. Tenants didn't show good cause as to why they didn't file an objection within 30 days, and they didn't submit proof in support of the claims in their PAR.

Vincent: DHCR Adm. Rev. Dckt. No. LE230061RT (9/24/97) [3-page document]