Co-op Apartment Owner Didn't Receive Complaint Notice

Rent-controlled tenants complained of a reduction in services because cooperative corporation that owned the building told them that their garage space service wouldn't be renewed. The DRA ruled against tenants because their service hadn't yet been decreased. But the DRA noted that tenants' garage space was an essential service under rent control. The co-op corporation appealed, claiming that the garage space wasn't an essential service and that there was no landlord-tenant relationship between tenants and the co-op corporation. The DHCR ruled against the co-op. The co-op filed a court appeal, claiming the DHCR's decision was unreasonable. The DHCR asked the court to send the case back because the apartment owner, who was tenants' landlord, never received proper notice from the DHCR of the complaint or of the DHCR's decisions. The court ruled for the DHCR. The DHCR then issued an order stating that the DRA should add landlord apartment owner to the case, and issue a new decision.

Lincoln Place Holding Corp.: DHCR Adm. Rev. Docket No. VH220003RP (8/24/07) [2-pg. doc.]