DHCR Disregarded Tenant's Withdrawal of Service Complaint Based on Inspection
LVT Number: #28243
Rent-stabilized tenant complained of a reduction in services due to kitchen ceiling conditions. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord argued that tenant had signed a letter withdrawing the complaint, which landlord submitted to the DRA before the rent reduction order was issued. But the DHCR inspection on March 2, 2017, showed that any ceiling repairs were done in an unworkmanlike manner. The DRA received tenant's letter dated Jan. 31, 2017, on Feb. 6, 2017. This was after the inspection notice was mailed to landlord and tenant. Landlord didn't appear at the inspection and tenant permitted the inspection despite having sent the letter withdrawing her complaint. The DRA correctly disregarded tenant's letter since it was considered an agreement to waive benefits of the Rent Stabilization Law or Code, wasn't approved by the DHCR or a court, and tenant wasn't represented by an attorney.
The Morgan Group LLC: DHCR Adm. Rev. Docket No. FO610013RO (11/17/17) [2-pg. doc.]
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