Tenant Didn't Sign Building Service Complaint

LVT Number: #30695

Rent-stabilized tenant complained of rent overcharge based on a 2018 DHCR building-wide rent reduction order, which froze collectible rents at the building effective Dec. 1, 2017. The DRA ruled for tenant and directed landlord to refund $1,115. Landlord appealed and won. Landlord argued that the rent reduction order didn't apply to tenant because tenant didn't sign the building-wide service complaint submitted to the DHCR. The DHCR agreed. Rent Stabilization Law Section 26-514 permits tenants to apply for rent reductions based on a reduction in services.

Rent-stabilized tenant complained of rent overcharge based on a 2018 DHCR building-wide rent reduction order, which froze collectible rents at the building effective Dec. 1, 2017. The DRA ruled for tenant and directed landlord to refund $1,115. Landlord appealed and won. Landlord argued that the rent reduction order didn't apply to tenant because tenant didn't sign the building-wide service complaint submitted to the DHCR. The DHCR agreed. Rent Stabilization Law Section 26-514 permits tenants to apply for rent reductions based on a reduction in services. But since tenant didn't apply for a rent reduction, she wasn't entitled to a rent freeze. The overcharge finding was revoked. 

HGW Realties LLC: DHCR Adm. Rev. Docket No. HO610008RO (1/30/20) [3-pg. doc.]

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