Exterior Wall Defect Caused Cold Air in Tenant's Apartment

LVT Number: #26293

Tenant complained of a reduction in services. He claimed that the building had an extreme exterior brick wall problem and that this caused very cold wind to blow into his apartment. DOB had issued a violation for this condition. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the DRA didn’t consider its claim that the repair work needed was extensive and couldn’t be completed for a while. But this didn’t matter. Landlord acknowledged the defective condition, and the rent reduction was warranted.

Tenant complained of a reduction in services. He claimed that the building had an extreme exterior brick wall problem and that this caused very cold wind to blow into his apartment. DOB had issued a violation for this condition. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the DRA didn’t consider its claim that the repair work needed was extensive and couldn’t be completed for a while. But this didn’t matter. Landlord acknowledged the defective condition, and the rent reduction was warranted.

 

 

 

 

Hillside House Management LLC: DHCR Adm. Rev. Docket No. CR130026RO (5/21/15) [3-pg. doc.]

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