Inspection Rebuts Presumption Created by Architect's Affidavit

Tenant complained of a reduction in services, based on a number of conditions in the public areas of the building. The DRA ruled for tenant and reduced his rent. Landlord appealed. Landlord had submitted an architect's report stating that conditions were corrected. The DHCR ruled against landlord. Although DHCR Policy Statement 96-1 permits submission of an affidavit from a licensed independent architect to prove that services are restored, a later DHCR inspection showed that a number of conditions still existed. These included garbage bags located on one floor, a large area of peeling wallpaper on another floor, a loose pane and bulkhead bottom sash in a stairway window, other broken window sills, and no lock on the main entry door.

404-51 Realty Assocs.: DHCR Adm. Rev. Dckt. No. LJ430015RO (6/2/98) [3-page document]