Landlord Had Applied to Modify Services

LVT Number: 11099

Tenant complained of a reduction in services. Landlord had replaced old riser lines in the building, which caused a loss of space in tenant's apartment. The DRA ruled for tenant, reduced his rent, and ordered landlord to restore services. Landlord appealed, claiming that the space couldn't be restored and landlord had filed an application with DHCR for modification of services. For this reason, landlord argued, the DRA shouldn't have issued the order directing restoration of services. The DHCR ruled for landlord.

Tenant complained of a reduction in services. Landlord had replaced old riser lines in the building, which caused a loss of space in tenant's apartment. The DRA ruled for tenant, reduced his rent, and ordered landlord to restore services. Landlord appealed, claiming that the space couldn't be restored and landlord had filed an application with DHCR for modification of services. For this reason, landlord argued, the DRA shouldn't have issued the order directing restoration of services. The DHCR ruled for landlord. The DRA shouldn't have ruled on the service complaint while landlord's application to modify services was pending. In the meantime, landlord's application had been granted and tenant's rent was reduced permanently. So landlord didn't have to restore the service.

Metropolitan Assocs. L.P.: DHCR Adm. Rev. Dckt. No. ID110130RO (7/30/96) [2-page document]

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