Landlord Didn't Fix Defective Terrace

LVT Number: #23572

Tenant complained of a reduction in services based on a defective terrace. Tenant claimed that part of the terrace was falling down. Landlord pointed out that it was fixing the terrace as part of exterior restoration MCI work. DHCR inspection confirmed that terrace repairs were in progress. The DHCR's inspector also saw that there was water accumulation on the terrace, likely from a clogged drain. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration. The DRA ruled for landlord, and tenant appealed. Tenant claimed that the terrace was still defective.

Tenant complained of a reduction in services based on a defective terrace. Tenant claimed that part of the terrace was falling down. Landlord pointed out that it was fixing the terrace as part of exterior restoration MCI work. DHCR inspection confirmed that terrace repairs were in progress. The DHCR's inspector also saw that there was water accumulation on the terrace, likely from a clogged drain. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration. The DRA ruled for landlord, and tenant appealed. Tenant claimed that the terrace was still defective. The DHCR ruled for tenant and revoked the rent restoration. DHCR inspection found that there were still puddles of water on tenant's terrace. So even if work had been done, the rehabilitated terrace still was defective.

120 Pelham Road: DHCR Adm. Rev. Docket No. YK910037RT (7/6/11) [3-pg. doc.]

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