Landlord Must Restore Window Awnings

LVT Number: 14404

Tenant complained of reduced services. The DRA ruled for tenant, reduced his rent, and ordered landlord to restore window awnings. Landlord later filed an application to restore the rent. The DRA ruled against landlord. Landlord appealed, pointing out that it had filed a separate application with the DHCR for permission to remove the window awnings as a service. Landlord argued that the two cases should have been considered and decided together by the DHCR. The DHCR ruled against landlord.

Tenant complained of reduced services. The DRA ruled for tenant, reduced his rent, and ordered landlord to restore window awnings. Landlord later filed an application to restore the rent. The DRA ruled against landlord. Landlord appealed, pointing out that it had filed a separate application with the DHCR for permission to remove the window awnings as a service. Landlord argued that the two cases should have been considered and decided together by the DHCR. The DHCR ruled against landlord. Under the Rent Stabilization Code, if rent is reduced based on a reduction in required services, it can't be restored until the service is restored.

NY Urban Property Mgmt.: DHCR Adm. Rev. Dckt. No. OB410092RO (6/28/00) [2-pg. doc.]

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