Landlord Disputes Effective Date of Rent Restoration

LVT Number: #23725

The DRA reduced tenant's rent based on a reduction in services. A number of years later, landlord filed an application to restore rent. The DRA ruled for landlord, and restored tenant's rent effective on the first rent payment date occurring 30 days after landlord's application was filed. Landlord appealed, arguing that the rent restoration should be made retroactive to 1998, when tenant signed a statement acknowledging that the repairs in question were completed. The DHCR ruled against landlord.

The DRA reduced tenant's rent based on a reduction in services. A number of years later, landlord filed an application to restore rent. The DRA ruled for landlord, and restored tenant's rent effective on the first rent payment date occurring 30 days after landlord's application was filed. Landlord appealed, arguing that the rent restoration should be made retroactive to 1998, when tenant signed a statement acknowledging that the repairs in question were completed. The DHCR ruled against landlord. The effective date of the rent restoration was set in accordance with Rent Stabilization Code Section 2522.2 and DHCR Policy Statement 90-2.

Orin Management Corp.: DHCR Adm. Rev. Docket No. ZA110041RO (9/14/11) [2-pg. doc.]

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