Complaining Tenant Didn't Live in Building

LVT Number: 9237

Tenant complained of reduced services, claiming there was a loose guardrail at the basement entrance to another building in the complex. The DRA denied tenant's complaint because he didn't live in the building with the loose guardrail. Tenant appealed, arguing that the defect affected all tenants in his building because they used the laundry room in building with the loose guardrail. Landlord claimed that tenants didn't have access to the other building's basement. The DHCR ruled for landlord. Tenant didn't live in the affected building, and no other tenants complained.

Tenant complained of reduced services, claiming there was a loose guardrail at the basement entrance to another building in the complex. The DRA denied tenant's complaint because he didn't live in the building with the loose guardrail. Tenant appealed, arguing that the defect affected all tenants in his building because they used the laundry room in building with the loose guardrail. Landlord claimed that tenants didn't have access to the other building's basement. The DHCR ruled for landlord. Tenant didn't live in the affected building, and no other tenants complained. Also, tenant didn't prove that access to the basement is a service affecting all tenants in the complex.

Blanda: DHCR Adm. Rev. Dckt. No. FH 120327-RT (9/7/94) [2-page document]

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