Inspection Report Didn't Prove Inadequate Extermination

LVT Number: 10981

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a reduction in services based on inadequate extermination. The DRA reduced tenant's rent. Landlord appealed, and the DHCR ruled against landlord. Landlord then appealed to the court, which ruled for landlord. The only proof supporting the DHCR's ruling was one inspection report finding evidence of roaches made 17 months after tenant's complaint was filed.

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Tenant complained of a reduction in services based on inadequate extermination. The DRA reduced tenant's rent. Landlord appealed, and the DHCR ruled against landlord. Landlord then appealed to the court, which ruled for landlord. The only proof supporting the DHCR's ruling was one inspection report finding evidence of roaches made 17 months after tenant's complaint was filed. The court revoked the rent reduction and sent the case back to the DHCR for further investigation.

Brazilia Leasing Co. v. DHCR: Index No. 26409-94 (7/7/95) (Sup. Ct. Queens; Dye, J.) [3-page document]

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