Tenants Allowed to Join in PAR
LVT Number: 17233
Facts: Tenants filed a reduction in services complaint based on defective elevators. The complaint listed three tenant representatives and was signed by 73 tenants. The DRA ruled that conditions existed but ordered no rent reductions. One tenant representative appealed. He claimed to represent the 73 original complainant-tenants. The DHCR ruled that only the tenant representative who signed the PAR could get a rent reduction. Tenants then appealed. The court sent the case back to the DHCR, which then ruled that 28 tenants were entitled to a rent reduction based on previously determined decrease in building services. Landlord appealed, claiming that any rent reduction should be limited to the one tenant who filed a PAR challenging the initial ruling that no rent reduction was warranted. DHCR: Landlord loses. The opportunity for a tenant representative to provide belated authorization after filing a PAR was upheld in an unrelated court case. The tenant representative showed his intent to continue representation of the tenants by attaching a copy of the original tenant signature list to his PAR.
Various Tenants of 145 W. 55th St./Goldman: DHCR Adm. Rev. Dckt. Nos. RC410091RT & RD410085RO (1/8/04) [8-pg. doc.]