DHCR Inspection Showed Adequate Staircase Lighting

LVT Number: #27505

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based in part on an HPD violation issued for “no lighting” in the building’s public hallway. Landlord appealed and won, in part. Landlord pointed out that tenants’ complaint stated that new lighting in the building’s staircase didn’t provide any illumination and that the stairwells were pitch black at night. The DHCR noted that the DRA’s file contained no proof of an HPD violation number or issuance date of a violation.

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based in part on an HPD violation issued for “no lighting” in the building’s public hallway. Landlord appealed and won, in part. Landlord pointed out that tenants’ complaint stated that new lighting in the building’s staircase didn’t provide any illumination and that the stairwells were pitch black at night. The DHCR noted that the DRA’s file contained no proof of an HPD violation number or issuance date of a violation. And there was no proof of whether the violation was outstanding when the DRA’s order was issued. Tenants also didn’t claim that there was no lighting in the hallway. And DHCR inspection showed that there was sufficient daytime lighting in the stairwell. So that portion of the rent reduction order was revoked. The rent reduction remained in place due to the DRA’s other finding that landlord replaced the building entry key without providing tenants with a key that could be duplicated. 

 

 

 

Nezaj/Kosova Properties: DHCR Adm. Rev. Docket No. ET410038RO (12/22/16) [6-pg. doc.]

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