Defects Found During Inspection Were Reoccurrence or New Condition

Tenant complained of a reduction in services based on cracks and peeling paint on apartment walls. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration, claiming that it had repaired the defective conditions. The DRA ruled against landlord after an inspection showed cracks and bulging paint and plaster in tenant's living room. Landlord appealed, claiming that the walls had all been repaired and that the condition seen on inspection was either a reoccurrence or a new condition. The DHCR ruled for landlord. There had been two prior DHCR inspections before the one finding the current living room conditions. No problems were found at the prior inspections. So the condition found on the third inspection was new.

Avuben Realty LLC: DHCR Admin. Rev. Dckt. No. PI610047RO (6/21/02) [3-pg. doc.]