Inspection Showed Condition Corrected

LVT Number: 17703

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord after an inspection showed that the bedroom floor wasn't bulging. Tenant appealed, claiming that the effective date of the rent restoration should be Feb. 1, 2004, not Dec. 1, 2003. Tenant argued that exterior wall repairs were not completed until then. The exterior wall condition was the source of the bulging floor. The DHCR ruled against tenant.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord after an inspection showed that the bedroom floor wasn't bulging. Tenant appealed, claiming that the effective date of the rent restoration should be Feb. 1, 2004, not Dec. 1, 2003. Tenant argued that exterior wall repairs were not completed until then. The exterior wall condition was the source of the bulging floor. The DHCR ruled against tenant. An inspection showed that the condition in tenant's bedroom was corrected. So the rent was properly restored as of the first rent payment date following delivery by the DHCR to tenant of landlord's rent restoration application.

Crosson: DHCR Adm. Rev. Dckt. No. SE410018RT (9/24/04) [2-pg. doc.]

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