Landlord Claims Hearing Required Before Rent Reduced

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord appealed. Landlord also made repairs and filed an application to restore the rent. The DHCR ruled against landlord in both cases. Landlord then appealed in federal court, claiming that the DHCR's procedures for reducing rents violated the United States Constitution. Landlord claimed that under DHCR's procedures she wasn't given the chance to respond to tenant's claims before the rent was reduced. The DHCR asked the court to dismiss the case. The court ruled that more proof was needed to decide whether landlord had been given sufficient opportunity to answer tenant's complaint. This included the issue of whether a hearing was required. Landlord could continue the case with her claim that she was denied procedural due process. Landlord's other claims of constitutional violations were denied.

Kraebel dba Barklee Realty Co. v. DHCR: 1995 U.S. Dist. LEXIS 11217 (8/5/95) (S.D. NY; Preska, J)