To file a DHCR decreased services complaint, send your landlord written notice of the problem, wait at least 10 days, then submit Form RA-81 (for conditions inside your apartment) or Form RA-84 (for building-wide conditions) to the New York State Division of Housing and Community Renewal. If a state inspector confirms the condition, DHCR will issue an order reducing your rent and freezing any future increases until the landlord makes the repair.
What Counts as a Decreased Service
A decreased service is any failure by the owner to keep the apartment or building in the condition it was in when you moved in, or to meet the standards required by law. DHCR sorts these into two buckets: individual apartment conditions and building-wide conditions. Individual apartment problems include things like a broken stove, persistent leaks, or peeling lead paint. Building-wide conditions affect all residents and include broken elevators, unsecured lobby entrances, inadequate hallway lighting, and unsanitary common areas.1New York State Homes and Community Renewal. Rent Stabilization and Rent Control
The rules also distinguish required services from ancillary ones. Required services are those the owner provided at the start of the tenancy or that the law mandates, such as heat, hot water, and structural integrity. Ancillary services cover optional amenities the owner was providing when you moved in, like laundry rooms, storage spaces, or parking. Both are subject to DHCR oversight if the landlord removes or neglects them without authorization.2New York Codes, Rules and Regulations. 9 CRR-NY 2523.4 – Failure to Maintain Services
Not every imperfection qualifies. A single cracked floor tile or a small paint chip in a closet is likely too minor. DHCR looks at whether the condition meaningfully affects daily use of your apartment or building. Cosmetic flaws that don’t interfere with livability rarely clear that bar. Systemic problems almost always do.
Notify Your Landlord First
Before filing anything with DHCR, send your landlord or managing agent written notice describing every service problem you plan to include in the application. Wait at least 10 days after sending the notice before you file, giving the owner a reasonable window to address the issue.2New York Codes, Rules and Regulations. 9 CRR-NY 2523.4 – Failure to Maintain Services The New York Attorney General’s office advises filing within 60 days of sending the notice.3Office of the New York State Attorney General. Legal Services and Code Enforcement
Use certified mail with a return receipt so you have proof of delivery. Be specific: identify the room, the condition, and when it started. Keep a copy. You’ll attach that letter and the proof of mailing to your DHCR application, and it becomes part of the permanent record.
There’s an exception for heat, hot water, and other emergency conditions. You do not need to send prior written notice before filing those complaints. Inadequate heat or hot water complaints must instead include a report from the appropriate city agency confirming the lack of service.2New York Codes, Rules and Regulations. 9 CRR-NY 2523.4 – Failure to Maintain Services
If you already filed without giving notice, don’t panic. The regulation states that failure to provide prior written notice is not by itself grounds for dismissal of the application.4Legal Information Institute. New York Code 9 NYCRR 2523.4 – Failure to Maintain Services Sending the notice still strengthens your case, so do it whenever you can.
Which Form to File
The form depends on where the problem is:
- For conditions inside your apartment, file Form RA-81, Application for a Rent Reduction Based Upon Decreased Service(s) – Individual Apartment.5Homes and Community Renewal. Living Conditions and Essential Services
- For building-wide conditions, file Form RA-84, Application for a Rent Reduction Based Upon Decreased Building-Wide Service(s).6Homes and Community Renewal. Tenant/Owner Forms
DHCR recommends filing online through its RentConnect portal at rent.hcr.ny.gov, which walks you through the application.7New York State Homes and Community Renewal. Decreased Services Overview Paper forms can be mailed or dropped off at a Borough Rent Office. Whichever route you take, describe each condition in detail: room, what’s wrong, how long it has been that way, and how it affects your use of the space. Attach your written notice to the landlord and proof of mailing.
Rent-stabilized and rent-controlled tenants use the same forms. DHCR handles both, though the rent reduction is calculated differently depending on which regulation covers your apartment.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services
What Happens After You File
DHCR serves a copy of the complaint on the property owner, who then has 20 days to submit a written response. The owner may claim repairs have already been made, that you denied access to workers, or that the condition doesn’t qualify as a decreased service.2New York Codes, Rules and Regulations. 9 CRR-NY 2523.4 – Failure to Maintain Services
If the response doesn’t resolve the matter, DHCR typically schedules a physical inspection. A state-appointed inspector visits the apartment or building to verify what you described. That report is the primary factual basis for the agency’s decision.
You must provide access when DHCR arranges the inspection. If you fail to let the inspector in, your complaint will be denied.2New York Codes, Rules and Regulations. 9 CRR-NY 2523.4 – Failure to Maintain Services If you have scheduling constraints, tell DHCR early. The access requirement is strict.
How the Rent Reduction Is Calculated
When the inspection confirms a decreased service, DHCR issues a rent reduction order. The calculation depends on your regulation type:
- For rent-stabilized tenants, the reduction is generally the amount of the most recently charged lease guideline adjustment. In practical terms, your rent drops by the dollar amount of the last increase you received under the Rent Guidelines Board’s annual order.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services
- For rent-controlled tenants, the reduction is a specific dollar amount set by DHCR, which may differ from the method used for stabilized apartments.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services
For rent-stabilized tenants, the reduction is retroactive to the first day of the month following the date DHCR served the complaint on the owner.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services If the case took months to process, you’re entitled to the reduced rent going all the way back to that date. Any rent you paid above the reduced amount during that period becomes an overpayment the landlord owes you.
The order also freezes future rent increases. The owner cannot collect any guideline increases, and no other rent adjustments take effect, until DHCR issues a rent restoration order.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services
If the Landlord Doesn’t Comply
The order gives the owner 30 days from its issuance to correct the conditions. If nothing is fixed within that window, you can file a Tenant Affirmation of Non-Compliance (Form RA-22.1), which asks DHCR to open a compliance proceeding. You are also authorized to reduce your rent in accordance with the order immediately, without waiting for the owner to agree.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services
Getting the Rent Restored
The reduction stays in effect until the owner applies to DHCR and receives a rent restoration order confirming that services have been fully restored. Owners file for restoration using Form RTP-19.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services
For rent-stabilized apartments, DHCR will not issue a restoration order until every condition listed in the original order has been corrected. Partial fixes don’t count. Rent-controlled apartments are handled differently: DHCR can issue partial restoration orders as individual conditions are addressed. Tenants can rebut the owner’s claim that repairs are done, and DHCR may schedule another inspection to verify. The same access rule applies: if you refuse to let the inspector in during the restoration process, the owner’s application will be granted.8New York State Homes and Community Renewal. Fact Sheet 14 – Rent Reductions For Decreased Services
Appealing a DHCR Order
Either side can challenge a DHCR rent reduction order by filing a Petition for Administrative Review (PAR). A PAR must be filed within 35 days of the issuance date of the Rent Administrator’s order. The deadline runs from the date printed on the order, not the date you received it, and there are no extensions.9Homes and Community Renewal. Appealing an Order Mark the issuance date on the order and count forward. Missing that window means the order stands.
If You Have a Section 8 Voucher
If you receive a Section 8 Project-Based Voucher, a DHCR rent reduction can also affect the Housing Assistance Payment your local public housing agency sends to the landlord. Under federal regulations, when the rent to the owner decreases, the subsidy payment must decrease accordingly, and the public housing agency is required to notify the owner in writing of any change.10eCFR. 24 CFR 983.302 – Redetermination of Rent to Owner Let your housing agency know about the DHCR order so the subsidy adjustment happens promptly rather than creating a billing discrepancy later.