A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION FS-14 (11/2023)
FACT SHEET #14: RENT REDUCTIONS FOR DECREASED SERVICES
PAGE 3 OF 4
proceeding be initiated. The tenant is also
authorized to reduce their rent in accordance with
the order.
Procedures if the owner cannot obtain access to
the apartment to make repairs
If an owner has attempted, but been unable
to obtain access to the subject housing
accommodation to correct the service or
equipment deficiency, the owner should state this
in the response. Upon receipt, the DHCR may
direct an inspector to accompany the owner or
the owner’s agent to the housing accommodation
to determine whether such access is being
provided. In order for the DHCR to coordinate the
inspection, the owner should indicate that access
has been denied in the response submitted to the
DHCR and should include copies of two letters
to the tenant attempting to arrange for access.
Each of the letters must have been mailed at
least eight days prior to the date proposed for
access, and must have been mailed by certified
mail, return receipt requested. Exceptions to such
requirements for inspection may be permitted
under emergency conditions, where special
circumstances exist, or pursuant to court order.
The tenant’s service complaint will be denied or
the owner’s rent restoration application will be
granted, where a tenant fails to provide access at
the time arranged by the DHCR for an inspection.
Eects of the DHCR rent reduction order for rent
stabilized and rent controlled tenants
1. The eective date for rent stabilized tenants is
retroactive back to the first day of the month
following DHCR’s service of the complaint on
the owner. For rent controlled tenants, the
eective date is the first day of the month
after the order is issued.
2. The amount of the rent reduction for rent
stabilized tenants is generally the most
recently charged lease guideline adjustment
(See Example #1 below). For rent controlled
tenants, the amount is a dollar amount set by
DHCR (See Example #2 below).
3. The order bars further rent increases for
rent stabilized tenants until DHCR issues a
rent restoration order. Tenants and owners
should review the rent reduction order to
determine if the collection of increases due
to a major capital improvement rent increase
and/or individual apartment improvement rent
increase are aected. (See related Fact Sheet
#35.)
For rent controlled tenants, the order will
generally not bar increase to the Maximum
Collectible Rent (MCR). This increase may only
be barred if the order found that an essential
service was reduced. These are defined as
heat during the part of the year when required
by law, hot water, cold water, superintendent
services, maintenance of front or entrance
door security (including, but not limited to,
lock and buzzer), garbage collection, elevator
service, gas, electricity and other utility
services, to both public and required private
areas and “such other services when failure to
provide and/or maintain such would constitute
a danger to the life or safety of, or would be
detrimental to the health of the tenant or
tenants.” Tenants and owners should review
the rent reduction order to determine if the
collection of increases due to a major capital
improvement rent increase and/or individual
apartment improvement rent increase are
aected. (See related Fact Sheet #35.)
4. For rent stabilized tenants, a rent restoration
order will not be issued until all services listed
in the rent reduction order are corrected.
For rent controlled apartments, partial rent
restoration orders can be issued. Owners who
want to file for a rent restoration can use form
RTP-19. This form is also available online at
www.hcr.ny.gov.