Tenant Withdrew Complaint After DRA Issued Order

June 30, 2004

LVT Number: 17432

Tenant complained of a reduction in services based on landlord's discontinuation of garbage disposal chutes on each floor. The DRA ruled for tenant. Landlord appealed, claiming that tenant had agreed in a court case to withdraw his DHCR complaint. The DHCR ruled against landlord because the court agreement was signed after the DRA issued its order. Landlord appealed to the court, claiming that the DHCR's decision was unreasonable. The DHCR agreed to reconsider the case and, on reconsideration, ruled for landlord.

Tenant complained of a reduction in services based on landlord's discontinuation of garbage disposal chutes on each floor. The DRA ruled for tenant. Landlord appealed, claiming that tenant had agreed in a court case to withdraw his DHCR complaint. The DHCR ruled against landlord because the court agreement was signed after the DRA issued its order. Landlord appealed to the court, claiming that the DHCR's decision was unreasonable. The DHCR agreed to reconsider the case and, on reconsideration, ruled for landlord. A negotiated settlement between landlord and tenant, approved by the DHCR, can be made at any time, even if a PAR has been filed. The rent reduction was revoked.

Classic Equities, LLC: DHCR Adm. Rev. Dckt. No. RF430002RP (3/26/04) [2-pg. doc.]

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