Bathroom Door Removed

LVT Number: #21257

Rent-controlled tenant complained of a reduction in services because her bathroom door was missing. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant had a disabled family member and had removed the bathroom door to accommodate a wheelchair. Landlord said that tenant refused to let him replace the bathroom door. The DHCR ruled against landlord. The DRA's ruling was based on its inspector's report. And landlord didn't notify the DRA that tenant refused access. The DHCR couldn't consider this claim for the first time on appeal.

Rent-controlled tenant complained of a reduction in services because her bathroom door was missing. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant had a disabled family member and had removed the bathroom door to accommodate a wheelchair. Landlord said that tenant refused to let him replace the bathroom door. The DHCR ruled against landlord. The DRA's ruling was based on its inspector's report. And landlord didn't notify the DRA that tenant refused access. The DHCR couldn't consider this claim for the first time on appeal.

Eisenstein: DHCR Adm. Rev. Docket No. WL420010RO (4/3/09) [2-pg. doc.]

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