DHCR Can't Decide Water Quality of Apartment

LVT Number: 18991

Tenant complained of a reduction in services because the hot and cold water in his bathtub was brownish in color. An inspection confirmed this condition, and the DRA ruled for tenant. Landlord appealed, arguing that the City of Yonkers owned the delivery pipes and provided the water. Landlord had no control over the discolored water delivered to tenant's apartment. The DHCR ruled for landlord and revoked the rent reduction. The city's health department, not the DHCR, should decide the water quality in tenant's apartment.

Tenant complained of a reduction in services because the hot and cold water in his bathtub was brownish in color. An inspection confirmed this condition, and the DRA ruled for tenant. Landlord appealed, arguing that the City of Yonkers owned the delivery pipes and provided the water. Landlord had no control over the discolored water delivered to tenant's apartment. The DHCR ruled for landlord and revoked the rent reduction. The city's health department, not the DHCR, should decide the water quality in tenant's apartment.

Jonathan Woodner Co.: DHCR Adm. Rev. Dckt. No. UA910051RO (5/3/06) [3-pg. doc.]

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