Tenant Can Maintain ‘HP' Case and DHCR Reduced-Service Complaint

Tenant complained of a reduction in services based on elevator maintenance problems. The DRA ruled for tenant. Landlord appealed, claiming that tenant had an HP case pending in housing court at the same time he filed his complaint with the DHCR. Landlord argued that tenant couldn't do both. The DHCR ruled against landlord. The Rent Stabilization Code bars collection of both a DHCR rent reduction and a court-ordered rent abatement for the same condition. But tenant can't get a rent abatement in an HP case. In an HP case, the court can only order landlord to restore a service or to correct a violation.

80 Varick St. Group LP: DHCR Adm. Rev. Dckt. No. SJ410008RO (12/29/04) [3-pg. doc.]