Landlord Points Out New Conditions Mistakenly Cited by Inspector

LVT Number: #32927

Rent-stabilized tenant complained of a reduction in building-wide services based on conditions in the ground-floor hallway walls and stairways. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord after inspection found a number of remaining problems with paint/plaster in the building hallway. Landlord appealed, and pointed out that the paint and plaster items noted by the DHCR's inspector were new conditions not reported in tenant's original complaint.

Rent-stabilized tenant complained of a reduction in building-wide services based on conditions in the ground-floor hallway walls and stairways. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord after inspection found a number of remaining problems with paint/plaster in the building hallway. Landlord appealed, and pointed out that the paint and plaster items noted by the DHCR's inspector were new conditions not reported in tenant's original complaint. The DHCR agreed and restored tenant's rent. Landlord had cleaned the public areas, fixed ground-floor wiring, and removed peeling plaster and paint from the ground hallway ceiling.

125 Second Avenue Realty Corp.: DHCR Adm. Rev. Docket No. LR430004RO (9/22/23)[4-pg. document]

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