Testimony Supports Finding That Services Were Reduced

May 31, 1999

LVT Number: 13297

Tenants complained of a reduction in building-wide services. The DHCR ruled for tenants, reduced their rents, and ordered landlord to restore services. Landlord appealed, arguing that the DHCR's decision was unreasonable. Landlord claimed that, after the DHCR held a hearing, it should have been given a copy of the ALJ's report and the chance to correct any violations. The court and appeals court ruled against landlord. The DHCR's ruling was based on witness testimony and so was reasonable.

Tenants complained of a reduction in building-wide services. The DHCR ruled for tenants, reduced their rents, and ordered landlord to restore services. Landlord appealed, arguing that the DHCR's decision was unreasonable. Landlord claimed that, after the DHCR held a hearing, it should have been given a copy of the ALJ's report and the chance to correct any violations. The court and appeals court ruled against landlord. The DHCR's ruling was based on witness testimony and so was reasonable.

140 W. 57th St. Corp. v. DHCR: NYLJ, p. 27, col. 6 (5/3/99) (App. Div. 1 Dept.; Nardelli, JP, Tom, Lerner, Mazarelli, Friedman, JJ)

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