Landlord Didn't Correct Kitchen Conditions

LVT Number: #22213

Rent-stabilized tenant complained of a reduction in services. She claimed that the kitchen floor needed repair, and that a sealed apartment exit door was a fire hazard. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration, claiming that tenant left a voicemail stating that repairs were no longer needed. Landlord also claimed tenant didn't provide access for repairs. The DRA ruled against landlord because repairs weren't done. Landlord appealed and lost.

Rent-stabilized tenant complained of a reduction in services. She claimed that the kitchen floor needed repair, and that a sealed apartment exit door was a fire hazard. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration, claiming that tenant left a voicemail stating that repairs were no longer needed. Landlord also claimed tenant didn't provide access for repairs. The DRA ruled against landlord because repairs weren't done. Landlord appealed and lost. Landlord didn't submit any proof that it sent two certified letters seeking access on eight-days' notice. Nor did landlord prove that tenant stated no repairs were needed. Inspection showed that kitchen floor boards near the stove were damaged and had excessive gaps. A 4-inch by 6-inch section of the boards also was missing. In addition, the apartment had two entrance doors, but the one leading into the kitchen was sealed by metal braces. These must be removed.

213 West 28th Street LLC: DHCR Adm. Rev. Docket No. XB410049RO (8/7/09) [3-pg. doc.]

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