4 PAGES
# 14 FACT SHEET
A PUBLICATION OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION FS-14 (11/2023)
Rent Reductions For Decreased Services
AT A GLANCE
Describes tenants’ rights
to a rent reduction if they
experience a decrease
in services in their
apartment or throughout
the building.
DEFINITIONS
Division of Housing and
Community Renewal (DHCR):
DHCR is the New York State
agency that invests in communities,
preserves and protects aordable
housing and enforces the state’s
rent control and rent stabilization
laws.
Rent stabilization: Rules that
provide protections to tenants
besides limitations on the amount
of rent. Tenants are entitled to
receive required services, to have
their leases renewed, and may
not be evicted except on grounds
allowed by law. Leases may be
renewed for a term of one or two
years, at the tenant’s choice.
SUMMARY AND HIGHLIGHTS
A tenant who experiences decreased service in an individual apartment or
in the building may file a complaint on the appropriate form.
Process • DHCR screens and dockets incoming complaints, serves
a copy on the owner and may inspect the conditions
described.
• DHCR will issue a written order that may reduce the rent
and directs repairs.
Terms
of Rent
Reduction
• 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.
• The amount of the rent reduction for rent stabilized
tenants is generally the most recently charged lease
guideline adjustment. For rent controlled tenants, the
amount is a dollar amount set by DHCR.
• 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.
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 2 OF 4
FACT SHEET #14: IN DETAIL
Tenant rights when an owner is not maintaining
services
It is recommended that a tenant who experiences
a decreased service in an individual apartment
or in the building should first contact the owner
in writing. If written notice does not resolve the
problem, the tenant may file a complaint with the
Division of Housing and Community Renewal
(DHCR).
For an individual complaint a tenant may use an
“Application For A Rent Reduction Based Upon
Decreased Services - Individual Apartment
“(DHCR Form RA-81) for complaints about
conditions in the apartment. The complaint may
also be submitted online at www.hcr.ny.gov. For
complaints involving a decrease in building-wide
services, a tenant or tenant representative may
file an “Application For A Rent Reduction Based
Upon Decreased Building-Wide Services” (DHCR
Form RA-84). A tenant may attach a copy of their
letter to the owner or agent with proof of mailing
or delivery (for example: certificate of mailing,
certified mail receipt or signed receipt from owner
or agent acknowledging personal delivery).
Complaints to DHCR that cite any of these
emergency conditions will be treated as a first
priority and will be processed as quickly as
possible, whether they are submitted by an online
or paper application. These emergency conditions
are: vacate order (5 day notification), fire (5 day
notification), no water apartment wide, no operable
toilet, collapsed or collapsing ceiling or walls,
collapsing floor, no heat/hot water apartment
wide (violation required), broken or inoperative
apartment front door lock, all elevators inoperable,
no electricity apartment wide, window to fire
escape (does not open), water leak (cascading
water, soaking electrical fixtures), window-glass
broken (not cracked), broken/unusable fire
escapes, air conditioner broken (summer season).
For paper submissions, it is recommended
that tenants use a separate DHCR form for
any problematic conditions that are not on this
emergency condition list.
Procedures when a Complaint of Decrease in
Services is filed
1. The DHCR screens and dockets these
applications and sends the tenant(s) an
acknowledgement with the complaint/docket
number.
2. The owner’s timeline to respond depends
upon the nature of the complaint. A copy
of the tenant’s application/complaint is
sent to the owner and the owner is given a
specified amount of time in which to respond.
At all times, DHCR may grant an owner a
reasonable extension of time to respond.
3. If the owner’s answer is relevant to the
determination, DHCR may send a copy to
the tenant who is given a specified amount
of time to respond. DHCR may schedule
an inspection during the processing of the
application.
4. If the evidence indicates that the owner failed
to maintain required services, the DHCR can
issue a written order that directs the owner to
restore services and reduces the rent for the
apartment. The order will stay in eect until
the owner applies to DHCR and receives a
Rent Restoration Order that finds that services
have been restored. DHCR may not issue
an order concerning items which were not
contained in the tenant’s complaint.
Tenant rights when an owner does not comply
with a DHCR Service Reduction Order
If an owner has failed to restore services and/or
correct the conditions specified within 30 days
after the issuance date of the order, the tenant
may file a “Tenant Armation of Non-Compliance”
(DHCR Form RA-22.1), to request that a compliance
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
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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.
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 4 OF 4
To visit a Borough Rent Oce, by appointment only, please contact:
QUEENS
92-31 Union Hall Street
6th Floor
Jamaica, NY 11433
718-482-4041
BROOKLYN
55 Hanson Place
6th Floor
Brooklyn, NY 11217
718-722-4778
UPPER MANHATTAN
163 W. 125th Street
5th Floor
New York, NY 10027
212-961-8930
LOWER MANHATTAN
25 Beaver Street
New York, NY 10004
212-480-6238
BRONX
1 Fordham Plaza
4th Floor
Bronx, NY 10458
718-430-0880
WESTCHESTER
75 South Broadway
3rd Floor
White Plains, NY 10601
914-948-4434
Rent Connect:
rent.hcr.ny.gov
Ask a question:
portal.hcr.ny.gov/app/
ask
For translation help:
hcr.ny.gov/language-
accessibility
Our website:
hcr.ny.gov/rent
RELATED MATERIALSSOURCES
New York City Rent Stabilization Code
Tenant Protection Regulations
New York City Rent and Eviction Regulations
New York State Rent and Eviction Regulations
FACT SHEET #3
Required and Essential
Services
EXAMPLES
Example #1
1. Ms. Williams, a rent stabilized tenant residing
in New York City, receives a rent reduction
order for a broken window on November 23,
2023. It has an eective date of September 1,
2023.
2. She has a two year renewal lease in eect
which commenced on August 1, 2023, at a
rent of $2100 ($2000 + 100.00 (5.00%)). Prior
to that renewal lease guideline increase, her
rent had been $2000.
3. On December 1, 2023, Ms. William’s rent will
be reduced to $2000, eective September
1, 2023. If the owner does not file a Petition
for Administrative Review (PAR), he or she
will also owe Ms. Williams a $100.00 refund
for each of the three months of September,
October, and November: totaling $300.00.
Said refund for these three months is not
immediately collectible if the owner files a
PAR. However, the rent remains reduced to
$2000.
Example #2
1. Ms. Cohen, a rent controlled tenant, receives
a rent reduction order for a broken window on
October 15, 2023. Her Maximum Collectible
Rent (MCR) is $1650.
2. The order states the rent reduction is for $8.
3. On November 1, 2023, Ms. Cohen’s rent will
be reduced to $1642 ($1650 - $8). There is no
retroactivity, and she is in not owed a refund
for previous months.
Owners or Tenants can submit adavits by a
licensed architect or engineer to support
their complaint, answer or application
See Policy Statement 96-1, Third Party Certification
for a complete discussion. Essentially, an owner
supplied adavit that conditions have been
corrected can be rebutted by the tenants by the
submission of a statement by at least 51% of the
complaining tenants that the conditions still exist
or by a tenant submitted counter adavit by a
licensed architect or engineer.
