Tenant Moved into Apartment with Outstanding Rent Reduction Order

Tenant complained of a rent overcharge. The DRA ruled for tenant, and landlord appealed. The DRA didn't allow a rent increase for 1/40th apartment improvements when tenant moved in because there was a prior building-wide rent reduction in effect that froze the rent. Landlord claimed that tenant previously had lived in another apartment in the building and that she hadn't joined in the service complaint that had resulted in the rent reduction. Landlord also claimed that tenant had asked for the apartment improvements which landlord had made and for which it collected a 1/40th rent increase. The DHCR ruled against landlord. There were two rent reduction orders in effect concerning tenant's new apartment. The rent reductions ran with the apartment, not tenant, and remained in effect until the DHCR issued an order restoring the rent based on restoration of services.

Sunplace Realty Corp.: DHCR Adm. Rev. Dckt. No. LI110096RO (1/8/98) [3-page document]