Effective Date Moved Up

LVT Number: 12042

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied for a rent restoration based on restored services. The DRA ruled for landlord, making the rent restoration effective March 1, 1996. Landlord appealed, pointing out that its rent restoration application was filed on March 20, 1995. Landlord claimed it was unfair that the DHCR didn't send the application until February 27, 1996, which made the effective date of restoration a year after the application was filed. The DHCR ruled for landlord.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied for a rent restoration based on restored services. The DRA ruled for landlord, making the rent restoration effective March 1, 1996. Landlord appealed, pointing out that its rent restoration application was filed on March 20, 1995. Landlord claimed it was unfair that the DHCR didn't send the application until February 27, 1996, which made the effective date of restoration a year after the application was filed. The DHCR ruled for landlord. There was no apparent justification for the DRA's unreasonable delay in sending the rent restoration application to tenant. Tenant didn't dispute the restoration of services. Tenant should have been served by April 1995. So the DHCR changed the effective date of landlord's rent restoration to May 1, 1995.

A.A. Realty Co.: DHCR Adm. Rev. Dckt. No. KF510050RO (9/3/97) [2-page document]

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