Condition Listed in Reduction Order Too Vague
LVT Number: 8627
The DRA reduced tenant's rent based on a reduction in services. Landlord later filed an application to restore rent. An inspection showed that all conditions giving rise to the rent reduction had been corrected, except for the peeling bathtub and missing closet door in the kitchen. The DRA ruled for landlord and restored the rent. The DRA told landlord to fix the two outstanding conditions right away. Tenant appealed, claiming it was wrong to restore his rent when two conditions still existed. The DHCR ruled against tenant. The rent reduction order had listed a defective kitchen closet door and a defective bathtub. The DHCR found that the conditions, as listed in the DRA's order, were too vague. It couldn't be determined if the closet was missing its formerly defective door or if there'd never been a door to begin with.
McNally: DHCR Adm. Rev. Dckt. No. CF 110157-RT (1/14/94) [2-page document]