Fire Escape Window Broken

LVT Number: #20684

Tenant complained of a reduction in services. He claimed that his fire escape window was broken. The DRA ruled for tenant and reduced his rent after inspection showed that the window was broken, was missing a spring, and came down slowly when lifted. The DRA also found that this was a hazardous condition. Landlord appealed, claiming that tenant wouldn't provide access or remove a window-gate to the fire escape. Landlord therefore was unable to repair the window. The DHCR ruled against landlord. Landlord submitted sworn statements from employees stating that tenant refused access.

Tenant complained of a reduction in services. He claimed that his fire escape window was broken. The DRA ruled for tenant and reduced his rent after inspection showed that the window was broken, was missing a spring, and came down slowly when lifted. The DRA also found that this was a hazardous condition. Landlord appealed, claiming that tenant wouldn't provide access or remove a window-gate to the fire escape. Landlord therefore was unable to repair the window. The DHCR ruled against landlord. Landlord submitted sworn statements from employees stating that tenant refused access. But landlord didn't submit these statements to the DRA, so the DHCR couldn't consider them on appeal.

Orin Management Corp.: DHCR Adm. Rev. Docket No. VK610075RO (5/9/08) [2-pg. doc.]

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