Tenants Must Pay Retroactive Rent After Rent Restored

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. The DRA later granted landlord's application to restore rents based on a restoration of services. Tenants appealed and lost. Tenants objected to the retroactive rent restoration ordered by the DRA. The rent restoration order was issued in February 2012 and made the rent restoration effective on May 1, 2011. But under DHCR Policy Statement 90-2, the effective date for a rent restoration order is the first day of the month following service of the rent restoration order by the DRA upon the tenants. Inspection also confirmed that the elevator in question was working. Tenants could pay any retroactive rent due as a result of the rent restoration order in  monthly installments equal to the monthly rent reductions taken. 

Winchester: DHCR Adm. Rev. Docket No AO610011RT (5/22/13) [3-pg. doc.]