No Proof Tenant Objected to Rent Restoration Application

March 7, 2007

LVT Number: 19384

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for a rent restoration based on the restoration of services. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that she had submitted an objection to landlord's rent restoration because water was still coming through her apartment ceiling. The DHCR said there was no letter from tenant in the DHCR's file, and tenant provided no proof of having mailed such a letter.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for a rent restoration based on the restoration of services. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that she had submitted an objection to landlord's rent restoration because water was still coming through her apartment ceiling. The DHCR said there was no letter from tenant in the DHCR's file, and tenant provided no proof of having mailed such a letter. Therefore, there was no proof that tenant had objected to landlord's rent restoration application. If leaks had recurred, tenant could file a new complaint.

Duany: DHCR Adm. Rev. Docket No. UH610034-RT (12/7/06) [2-pg. doc.]

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