Agreement Doesn't Bar Tenant from Filing Complaint

LVT Number: 16656

Tenant complained of a reduction in services in 2002 because landlord hadn't painted the apartment since 1996. The DRA ruled for tenant and reduced her rent. Landlord appealed. After receiving tenant's complaint, landlord sent tenant a Letter of Agreement, which tenant signed, giving tenant a one-month rent credit and offering to pay for painting after tenant sent landlord an invoice. The DHCR ruled against landlord. By law, landlord was required to paint. Tenant didn't agree to withdraw her complaint, so the agreement didn't bar the DHCR from reducing tenant's rent.

Tenant complained of a reduction in services in 2002 because landlord hadn't painted the apartment since 1996. The DRA ruled for tenant and reduced her rent. Landlord appealed. After receiving tenant's complaint, landlord sent tenant a Letter of Agreement, which tenant signed, giving tenant a one-month rent credit and offering to pay for painting after tenant sent landlord an invoice. The DHCR ruled against landlord. By law, landlord was required to paint. Tenant didn't agree to withdraw her complaint, so the agreement didn't bar the DHCR from reducing tenant's rent.

Lastraglio: DHCR Adm. Rev. Dckt. No. QD420077RO (5/7/03) [3-pg. doc.]

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