Foul Odor from Garbage Room

Tenant complained of a reduction in services based on several conditions. The DRA ruled for tenant and reduced his rent. Among other things, the DRA's inspector found that there was a foul odor coming from the garbage room. Landlord appealed, claiming that it was extremely hot on the date of the inspection and that this was why there was an odor. Landlord also argued that this was a minor condition. The DHCR ruled against landlord. The foul odor coming from the garbage room wasn't a minor condition. It could affect the health of tenants. Landlord must store garbage so as to prevent a strong garbage odor on hot days, as well as when temperatures were more moderate.

56-11 94th St. Co., LLC/Pellicari: DHCR Adm. Rev. Dckt. Nos. RG130085RO & RG130074RT (3/26/04) [4-pg. doc.]