Tenant with Delayed Eviction Can Get Rent Cut

LVT Number: 18961

Tenant complained of a reduction in services based on inadequate extermination. The DRA ruled for tenant and reduced her rent after its inspector found mouse droppings in the apartment. Landlord appealed, claiming that tenant had no standing to file her complaint. Landlord had sued to evict tenant. The court ruled for landlord. The eviction was delayed by court order pending the outcome of tenant's appeal. The DHCR ruled against landlord. Tenant was still the tenant while the court-ordered eviction delay remained in effect. So the DRA properly reduced tenant's rent.

Tenant complained of a reduction in services based on inadequate extermination. The DRA ruled for tenant and reduced her rent after its inspector found mouse droppings in the apartment. Landlord appealed, claiming that tenant had no standing to file her complaint. Landlord had sued to evict tenant. The court ruled for landlord. The eviction was delayed by court order pending the outcome of tenant's appeal. The DHCR ruled against landlord. Tenant was still the tenant while the court-ordered eviction delay remained in effect. So the DRA properly reduced tenant's rent.

B&B Manhattan LLC: DHCR Adm. Rev. Dckt. No. TI410040RO (3/9/06) [3-pg. doc.]

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