DHCR Order Upheld

LVT Number: 10722

Tenants complained of a reduction in services. The DHCR ruled for tenants and reduced their rents. Landlord appealed, claiming that the DHCR's decision was arbitrary and capricious. The court and appeals court ruled against landlord. The DHCR found that there were a number of service reductions, including an inoperative elevator, defective fire door and improperly weather-sealed and non-maintained windows. These warranted rent reductions. And the court had no authority to review new factual claims made by landlord.

Tenants complained of a reduction in services. The DHCR ruled for tenants and reduced their rents. Landlord appealed, claiming that the DHCR's decision was arbitrary and capricious. The court and appeals court ruled against landlord. The DHCR found that there were a number of service reductions, including an inoperative elevator, defective fire door and improperly weather-sealed and non-maintained windows. These warranted rent reductions. And the court had no authority to review new factual claims made by landlord.

Jemrock Realty Co. v. Anderson: NYLJ, p. 26, col. 2 (6/27/96) (App. Div. 1 Dept.; Murphy, PJ, Rosenberger, Rubin, Williams, JJ)