Hallway Windows Had Adequate Ventilation

LVT Number: #22767

Tenants complained of a reduction in building-wide services. They claimed that the building's hallway windows provided inadequate ventilation. These windows opened only to a maximum height of four inches. The DRA ruled against tenants and advised them to complain to HPD for further possible investigation. Tenants appealed and lost. Tenants now also claimed that the hallway windows didn't have window guards. But they raised this claim for the first time on appeal, so the DHCR couldn't consider it.

Tenants complained of a reduction in building-wide services. They claimed that the building's hallway windows provided inadequate ventilation. These windows opened only to a maximum height of four inches. The DRA ruled against tenants and advised them to complain to HPD for further possible investigation. Tenants appealed and lost. Tenants now also claimed that the hallway windows didn't have window guards. But they raised this claim for the first time on appeal, so the DHCR couldn't consider it. The DHCR's inspector found that the hallway windows had wooden shutters that permitted adequate ventilation.

60 West 76th Street: DHCR Adm. Rev. Docket No. XL430004RT (5/21/10) [2-pg. doc.]

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