Inspection Report Went Beyond Scope of Complaint

LVT Number: 18162

Tenant complained of a reduction in services. The DRA ruled for tenant based on a finding that the bathroom wall was leak-stained with blistering paint. Landlord appealed, pointing out that tenant complained about mold on the bathroom wall, not a leak stain. Landlord was present at the DHCR inspection. The inspector pointed out the blistering paint, landlord repaired this condition immediately, and the inspector returned later that day and indicated that the repair work was satisfactory. The DHCR ruled for landlord.

Tenant complained of a reduction in services. The DRA ruled for tenant based on a finding that the bathroom wall was leak-stained with blistering paint. Landlord appealed, pointing out that tenant complained about mold on the bathroom wall, not a leak stain. Landlord was present at the DHCR inspection. The inspector pointed out the blistering paint, landlord repaired this condition immediately, and the inspector returned later that day and indicated that the repair work was satisfactory. The DHCR ruled for landlord. The inspector's finding about the leak stain went beyond the scope of tenant's complaint. The inspector's report also seemed to confirm that landlord repaired the additional condition immediately.

Heritage Place, LLC: DHCR Adm. Rev. Dckt. No. SL710001RO (4/7/05) [2-pg. doc.]

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