Rent Restoration Application Properly Denied

June 30, 2001

LVT Number: 15117

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants. Landlord later filed a rent restoration application, stating that services had been restored. The DRA ruled against landlord, and the DHCR denied landlord's PAR. Landlord appealed to the court, claiming that it had made the elevator repairs in question and that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants. Landlord later filed a rent restoration application, stating that services had been restored. The DRA ruled against landlord, and the DHCR denied landlord's PAR. Landlord appealed to the court, claiming that it had made the elevator repairs in question and that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. The DHCR's decision was reasonably based on a DOB report that showed that there were still outstanding elevator violations at the time landlord filed its rent restoration application.

601 W. Realty LLC v. DHCR: NYLJ, 6/11/01, p. 22, col. 6 (App. Div.1 Dept.; Andrias, JP, Lerner, Rubin, Buckley, Marlow, JJ)

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