Request to modify required service after rent reduction

[rentstubq]

We have a building-wide rent reduction order in place dating to 2012. The landlord requested that the rent be restored and DHCR denied it. No PAR was filed. DHCR cited the owner's land of filing a request to modify or reduce services as the reason for approving the reduction.

The landlord has now filed a modification of services form with DHCR referring to the same service that caused the rent reduction. I assume this is a new tactic in order to get the rent reduction removed.

I am sort of curious how to approach this. The replacement is no substitute for the original, and I plan to take pictures and video demonstrating this. I think I can also argue that the fact that DCHR has already granted us a rent reduction on the basis of the new service that it is not a valid replacement for the old one and so they should have to file a reduction in services form not a modification form, and therefore grant all of us permanent reductions in rent due to the loss of service.

Other thoughts?

[TenantNet]

I assume you mean "lack" if filing a request to modify.

A request to modify services - if allowed - is usually accompanied by a one-time permanent reduction matched to the service in question. A service reduction order has an ongoing rent reduction and freeze attached to it.

I do not know if the granting of a modification would change an existing rent reduction order, but my guess is that it would do so. However it wouldn't be retroactive to the reduced and frozen rents that tenants have already enjoyed.

You say the replaced or modified services is no substitute. So you will need to fight this. I can't opine on this without seeing the order itself.

If this is building-wide, you should form a tenant assoc if you haven't already, and I would suggest consulting with an attorney who has extensive experience with DHCR orders like this.