Tenant Properly Affirmed Application for Rent Reduction

LVT Number: #30379

Tenant complained of a reduction in required apartment services. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the complaint was filed improperly by a tenant representative rather than by tenant. But Rent Stabilization Code Section 2527.1 requires applications or complaints to be affirmed. And tenant himself filed the complaint online, listing the Flatbush Tenant Coalition as his representative, but personally acknowledging the submission of the application by electronically signing the affirmation.

Tenant complained of a reduction in required apartment services. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the complaint was filed improperly by a tenant representative rather than by tenant. But Rent Stabilization Code Section 2527.1 requires applications or complaints to be affirmed. And tenant himself filed the complaint online, listing the Flatbush Tenant Coalition as his representative, but personally acknowledging the submission of the application by electronically signing the affirmation. It also would have been permissible for an authorized representative of the tenant to file and submit the application by signing the affirmation. Tenant also was directly notified by the DRA of a DHCR inspection date and didn't object. So tenant clearly had authorized the representative to appear on his behalf in the proceeding. 

Ditmas Park Assoc.: DHCR Adm. Rev. Docket No. GQ210041RO (7/24/19) [3-pg. doc.]

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