Unpaid Penalty Against Prior Landlord

LVT Number: 11758

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. After the services were restored, landlord applied for rent restoration. The DRA ruled against landlord based on an outstanding unpaid DHCR civil penalty. Landlord appealed, pointing out that the penalty was imposed against prior landlord after new landlord bought the building. The DHCR ruled for landlord and granted its application to restore the rent.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. After the services were restored, landlord applied for rent restoration. The DRA ruled against landlord based on an outstanding unpaid DHCR civil penalty. Landlord appealed, pointing out that the penalty was imposed against prior landlord after new landlord bought the building. The DHCR ruled for landlord and granted its application to restore the rent. Generally, it's DHCR policy to deny rent-restoration applications when there is an outstanding, unpaid civil penalty relating to the apartment---even if the penalty was imposed against prior landlord. But, after the hearing which imposed the civil penalty on prior landlord, the DHCR acknowledged that current landlord hadn't been a party to the hearing, and clearly advised current landlord that it was only responsible for making repairs.

225 Eastern Pkwy. Assocs.: DHCR Adm. Rev. Dckt. No. IE220319RO (5/1/97) [2-page document]

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