Tenants Authorized Tenant Organization to File Complaints for Them
LVT Number: #30954
Various rent-stabilized tenants complained of reductions of service in their apartments. The DRA ruled on 13 cases, dismissing 11 and reducing the rents of two tenants based on apartment conditions. Landlord appealed and claimed that a tenant organization that filed complaints for the tenants involved wasn't authorized to do so. The DHCR ruled against landlord, who then filed an Article 78 court appeal, claiming the DHCR's decision was arbitrary and unreasonable.
The court ruled against landlord. When landlord first raised this issue, the DRA requested, and received from tenants, documents that they signed which authorized the tenant organization to file complaints on their behalf. This was sufficient proof of the organization's authority to file the tenant complaints. The rent reduction orders were based on conditions found when the DHCR inspected the apartments.
Parkside Equities, LLC v. DHCR: Index No. 511858/19, 2020 NY Slip Op 32710(U)(Sup. Ct. Kings; 8/17/20; Rothenberg, J)