Rent Reduction Order In Effect After Tenant Moves Out

Nassau County tenant complained of a rent overcharge. The DRA ruled for tenant and ordered landlord to refund $14,675, including triple damages. Among other things, the apartment rent was frozen because of a prior building-wide rent reduction order. No rent restoration application had ever been granted in connection with that order. Landlord appealed, pointing out that tenant didn't sign the building-wide service complaint that resulted in the rent reduction order. Landlord argued that only tenants who sign a complaint are entitled to a rent reduction for reduced services. The DHCR ruled against landlord. The prior tenant of the same apartment had signed the complaint. A rent reduction runs with the apartment and applies to each successor tenant until an order restoring rent is issued by the DHCR.

Dorchester, LLC: DHCR Adm. Rev. Docket No. WF710005RO (8/27/08) [3-pg. doc.]