Tenant Didn't Dispute Landlord's Application

LVT Number: 13365

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later made repairs and applied for rent restoration. The DRA ruled for landlord, after inspecting the apartment. Because landlord's application was filed in July 1998, the rent was restored effective Aug. 1, 1998.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later made repairs and applied for rent restoration. The DRA ruled for landlord, after inspecting the apartment. Because landlord's application was filed in July 1998, the rent was restored effective Aug. 1, 1998. Tenant appealed, claiming that since the DRA's inspection didn't take place until September or October 1998 the rent restoration shouldn't be effective until at least that point. The DHCR ruled against tenant. Tenant didn't dispute that the required repairs were made when landlord filed its application to restore rent. So the DRA properly set the effective date of the rent restoration.

Gibbs: DHCR Adm. Rev. Dckt. No. MK310117RT (4/16/99) [2-pg. doc.]

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