Landlord Can't Claim Conditions Minor on Rent Restoration Application

LVT Number: 19237

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a number of conditions, including defects in the marble wall vestibule, janitor service, and basement window sill. Landlord later applied for rent restoration. Landlord claimed that these conditions were minor and shouldn't bar rent restoration. The DRA ruled against landlord. Landlord appealed and lost. Landlord can't claim that the conditions were minor after the DRA had ruled that they were reductions in service.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a number of conditions, including defects in the marble wall vestibule, janitor service, and basement window sill. Landlord later applied for rent restoration. Landlord claimed that these conditions were minor and shouldn't bar rent restoration. The DRA ruled against landlord. Landlord appealed and lost. Landlord can't claim that the conditions were minor after the DRA had ruled that they were reductions in service. An inspection had showed that the left and right vestibule marble walls were cracked and filled with plaster in an unworkmanlike manner. The north side lobby compactor room floor was dirty, and the basement marble window sill was cracked and filled with plaster in an unworkmanlike repair.

Parkash: DHCR Adm. Rev. Docket No. UF610019-RO 9/28/06 [2-pg. doc.]

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