Effective Date of Rent Restoration Changed

LVT Number: #20672

Tenant complained of a reduction in services. He claimed that his apartment needed painting. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord and restored tenant's rent. Tenant appealed. Tenant admitted that services were restored but argued that services weren't restored as of the date of landlord's rent restoration application. Tenant said that painting service wasn't completed until the DHCR May 7, 2008, no-access inspection date.

Tenant complained of a reduction in services. He claimed that his apartment needed painting. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord and restored tenant's rent. Tenant appealed. Tenant admitted that services were restored but argued that services weren't restored as of the date of landlord's rent restoration application. Tenant said that painting service wasn't completed until the DHCR May 7, 2008, no-access inspection date. Landlord had requested a delay of this inspection from April 15. Tenant argued that the rent restoration date should be after the date that all services were restored. The DHCR ruled for tenant and changed the rent restoration date to June 1, 2008, the first rent payment date after the work was completed.

Powell: DHCR Adm. Rev. Docket No. WE410033RT (7/25/08) [2-pg. doc.]

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