DHCR Incorrectly Added Corrected Conditions to Order Denying Rent Restoration

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents, based on five separate findings concerning common area conditions that weren't maintained. Landlord later filed a rent restoration application. The DRA ruled against landlord, finding that some conditions remained unrestored. But the DRA specifically found that two building-wide conditions had been fixed: floor coverings and walls. Landlord later filed a second rent restoration application based on claimed restoration of the other services that the DRA found unrestored in the first order concerning rent restoration. The DRA ruled against landlord, and now listed the two fixed conditions as unrestored.

Landlord appealed and won. Since the DRA already had found that two of the five conditions had been restored, and tenants didn't appeal that determination, it was incorrect to add these conditions back to the list of unrepaired items. The DRA's second order was amended to remove any indication that the two corrected conditions remained uncorrected.

Levin/Samson Management LLC: DHCR Adm. Rev. Docket No. HQ930047RO (2/4/21)[4-pg. document]