Landlord Cured Water Back-Up by Removing Washing Machine

LVT Number: #19912

Tenant complained of a reduction in services. He claimed that water backed up in his kitchen sink. The DRA ruled against tenant after inspection showed no back-up. Tenant appealed. He said that the water continued to back up in the kitchen sink. In response, landlord said that the original back-up problem was fixed by removing a washing machine from the apartment above tenant's apartment. The DHCR ruled against tenant. There were no defects found at inspection. And photographs submitted by tenant showed only soap suds, but no water back-up.

Tenant complained of a reduction in services. He claimed that water backed up in his kitchen sink. The DRA ruled against tenant after inspection showed no back-up. Tenant appealed. He said that the water continued to back up in the kitchen sink. In response, landlord said that the original back-up problem was fixed by removing a washing machine from the apartment above tenant's apartment. The DHCR ruled against tenant. There were no defects found at inspection. And photographs submitted by tenant showed only soap suds, but no water back-up.

Cano: DHCR Adm. Rev. Docket No. VF610023RT (8/10/07) [2-pg. doc.]