DHCR Relied on Its Own Inspection, Despite HPD Violation Dismissal

LVT Number: #30945

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the conditions tenant complained about had been corrected. It said that HPD violations issued in connection with the same conditions had been corrected, as documented by HPD records. But the DHCR instead relied on its own inspection, which found that the plumbing shower head, bedroom window/frame, and vermin control were not maintained. HPD records addressed only one of these three conditions.

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the conditions tenant complained about had been corrected. It said that HPD violations issued in connection with the same conditions had been corrected, as documented by HPD records. But the DHCR instead relied on its own inspection, which found that the plumbing shower head, bedroom window/frame, and vermin control were not maintained. HPD records addressed only one of these three conditions. And the DRA made no error by ordering its own inspection and relying on those inspection results.

105 Realty Ltd.: DHCR Adm. Rev. Docket No. HM410018RO (7/9/20) [3-pg. doc.]

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