Floorboards Warped and Rotted Under Carpet

LVT Number: #20085

Tenant complained of a reduction in services based on conditions in his apartment. The DRA ruled for tenant and reduced his rent. An inspection showed that there were brown stains and blistering paint on the kitchen ceiling and that, after the carpet was pulled up, the bedroom floor showed loose, rotted, and warped floorboards. Landlord appealed, arguing that the carpet covered the wooden floor and that, therefore, there was no reduction in service. The DHCR ruled against landlord. Landlord didn't deny that the floorboards were defective.

Tenant complained of a reduction in services based on conditions in his apartment. The DRA ruled for tenant and reduced his rent. An inspection showed that there were brown stains and blistering paint on the kitchen ceiling and that, after the carpet was pulled up, the bedroom floor showed loose, rotted, and warped floorboards. Landlord appealed, arguing that the carpet covered the wooden floor and that, therefore, there was no reduction in service. The DHCR ruled against landlord. Landlord didn't deny that the floorboards were defective. The fact that the condition was covered by a carpet didn't matter.

Khan: DHCR Adm. Rev. Docket No. VD620035RO (9/21/07) [2-pg. doc.]

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