Landlord Didn't Cure Mouse Condition in Basement

LVT Number: #25415

Rent-stabilized tenant complained of a reduction in building-wide services. The DRA ruled for tenant, finding that there were "vermin-rats." Landlord later applied for rent restoration based on the restoration of extermination services. The DRA ruled for landlord. Tenant appealed and won. Tenant pointed out that the DHCR's inspector observed mice droppings in the basement. Based on the full record, the DRA incorrectly found that landlord had restored services.

Rent-stabilized tenant complained of a reduction in building-wide services. The DRA ruled for tenant, finding that there were "vermin-rats." Landlord later applied for rent restoration based on the restoration of extermination services. The DRA ruled for landlord. Tenant appealed and won. Tenant pointed out that the DHCR's inspector observed mice droppings in the basement. Based on the full record, the DRA incorrectly found that landlord had restored services. The term "vermin" wasn't limited to one type of rodent, and the inspector's findings must be considered. Landlord had submitted several invoices showing extermination for mice, but the work was done only in apartments, not in the basement where the problem remained.

Reyes: DHCR Adm. Rev. Docket No. BO410022RT (2/28/14) [2-pg. doc.]

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