DHCR Inspection Showed that Services Had Been Restored

LVT Number: #30365

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings that paint was chipped on the stairway wall between the second and third floors, windows in the public areas were difficult to open, there was a visible hole on the top step leading to the courtyard, steps were rusted, and there were cracked floor tiles on the third floor landing at the base of the stairs. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings that paint was chipped on the stairway wall between the second and third floors, windows in the public areas were difficult to open, there was a visible hole on the top step leading to the courtyard, steps were rusted, and there were cracked floor tiles on the third floor landing at the base of the stairs. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord.

Tenants appealed and lost. Tenants claimed that landlord's application didn't indicate on the form that it was a building-wide application and that landlord failed to submit a sworn statement by an independent licensed architect or engineer as instructed on the DHCR form for building-wide rent restoration. Tenants also claimed that landlord didn't properly document repairs performed. But DHCR inspection showed that all conditions had been repaired. Tenants' other claims were irrelevant.

Easterlin: DHCR Adm. Rev. Docket No. GQ210025RT (7/10/19) [3-pg. doc.]

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