Landlord Fined for Not Restoring Services

December 1, 1993

LVT Number: 8380

The DHCR cut tenants' rents based on service reductions, and ordered landlord to make repairs. When landlord didn't do so, the DHCR imposed civil penalties. Landlord appealed. The court ruled against landlord, and landlord appealed again. Landlord claimed for the first time that the DHCR cut tenants' rents for conditions not raised in tenants' original complaint. The appeals court ruled against landlord. Landlord didn't raise this issue in its PAR. And the DHCR's penalty was valid.

The DHCR cut tenants' rents based on service reductions, and ordered landlord to make repairs. When landlord didn't do so, the DHCR imposed civil penalties. Landlord appealed. The court ruled against landlord, and landlord appealed again. Landlord claimed for the first time that the DHCR cut tenants' rents for conditions not raised in tenants' original complaint. The appeals court ruled against landlord. Landlord didn't raise this issue in its PAR. And the DHCR's penalty was valid. The DHCR was authorized to multiply the $250 maximum penalty for a first offense by the number of violations and then again by the number of years that the violations remained outstanding.

Matter of Plaza Realty Investors: NYLJ, p. 26, col. 6 (11/26/93) (App. Div. 1 Dept.; Sullivan, JP, Rosenberger, Ross, Asch, Rubin, JJ)

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