Engineers' Affidavits Prove Services Restored
LVT Number: 12628
Tenants complained of a reduction in services based on defective elevators. The DRA ruled for tenants and reduced their rents. Landlord later filed a rent restoration application, claiming that services had been restored. With its application, landlord submitted two engineers' certifications of the restored elevator service. The DRA ruled for landlord, and tenants appealed, claiming that the elevators were still unrepaired. The DHCR ruled against tenants. When tenants opposed landlord's application to restore rent, the DRA told landlord to submit an engineer's certification. Landlord submitted two engineers' affidavits, which stated that they had inspected the building and found the services in question, including the elevator, to be properly provided. Tenants were then given the chance to submit any contrary proof by an affidavit of their own licensed engineer or architect, or to submit a statement signed by 51 percent of the tenants challenging landlord's engineers' statements. Tenants didn't do so. So in accordance with DHCR Policy Statement 96-1, the DRA properly restored rents based on the engineers' certifications submitted by landlord.
Tenants Assn. of 90-10 145 Street: DHCR Adm. Rev. Dckt. No. LI130211RT (4/15/98) [2-page document]