Tenants Consented to Landlord's Application

LVT Number: 9622

The DRA reduced tenants' rents based on building-wide service reduction. Landlord later applied for a restoration of rents, claiming that services had been restored. The DRA ruled against landlord. Landlord appealed. The DHCR again refused to restore the rents, based on an inspection that showed that some defective conditions still existed. Landlord again appealed and the court ordered the DHCR to review the case. Forty-three out of 47 tenants had signed landlord's application to restore rents, indicating that services had been restored and that they consented to a rent restoration.

The DRA reduced tenants' rents based on building-wide service reduction. Landlord later applied for a restoration of rents, claiming that services had been restored. The DRA ruled against landlord. Landlord appealed. The DHCR again refused to restore the rents, based on an inspection that showed that some defective conditions still existed. Landlord again appealed and the court ordered the DHCR to review the case. Forty-three out of 47 tenants had signed landlord's application to restore rents, indicating that services had been restored and that they consented to a rent restoration. The DHCR ruled that rents for those 43 tenants should be restored. Since an inspection did show that some conditions still existed, the rent reductions for the four tenants who didn't consent to rent restoration would remain in effect.

Rozi Realty Co.: DHCR Adm. Rev. Dckt. No. HB 230148 RO (2/15/95) [3-page document]

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