Landlord Didn't Prove Tenant Caused Reduction in Services
LVT Number: #31757
Rent-stabilized tenant complained to the DHCR of a reduction in services and that landlord failed to perform certain renovation or repair work to her apartment. The DRA ruled for tenant, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal, claiming that tenant caused damage to the apartment and that this damage shouldn't be the basis for a DHCR rent reduction for reduced services.
The court ruled against landlord, finding that landlord had presented no proof that tenant caused the damage. Landlord appealed and lost. The DHCR's ruling was rationally based and supported by the record. The DHCR's on-site inspection revealed that 20 required services were not maintained in tenant's apartment, and the DHCR has broad discretion to determine whether a required service isn't being properly provided. Landlord also failed to preserve an additional claim that the DHCR failed to follow its own precedent by waiting to decide tenant's complaint until the housing court ruled in a nuisance holdover proceeding commenced by landlord.
113-117 Realty, LLC v. DHCR: Case No. 2021-01244, 2021 NY Slip Op 06432 (App. Div. 1 Dept.; 11/18/21; Kapnick, JP, Webber, Oing, Moulton, Rodriguez, JJ)
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