Landlord Not Required to Move Furniture

LVT Number: 9066

The DRA reduced tenant's rent based on a reduction in services. Landlord later applied for a rent restoration. Landlord stated that it had restored most of the services, but that tenant refused access to paint unless landlord agreed to move tenant's furniture. Tenant argued that landlord's director of management had promised to help move the furniture because tenant is incapacitated and can't do it himself. The DRA ordered a no-access inspection, and tenant didn't answer the door on the scheduled date. The DRA restored the rent, and tenant appealed.

The DRA reduced tenant's rent based on a reduction in services. Landlord later applied for a rent restoration. Landlord stated that it had restored most of the services, but that tenant refused access to paint unless landlord agreed to move tenant's furniture. Tenant argued that landlord's director of management had promised to help move the furniture because tenant is incapacitated and can't do it himself. The DRA ordered a no-access inspection, and tenant didn't answer the door on the scheduled date. The DRA restored the rent, and tenant appealed. Tenant argued that landlord's agent had agreed to move the furniture. The DHCR ruled for landlord. Since landlord hadn't provided tenant with moving services in the past, landlord didn't have to provide them now. The fact that landlord's employee may have promised to help tenant to move furniture doesn't make this a service that landlord must provide.

Davidson: DHCR Adm. Rev. Dckt. No. DL 520103-RT (7/19/94) [3-page document]

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