Lead Paint Complaint Should Go to HPD, Not DHCR

LVT Number: #22265

Rent-stabilized tenant complained of a reduction in services. She claimed that there was water damage to the bathroom wall, causing peeling paint and bulging. She also complained that the bathroom windows had lead-based paint violations, and that landlord should replace the windows rather than paint them. The DRA ruled against tenant after an inspection showed that landlord had made repairs to the bathroom. Tenant appealed because the DRA didn't address her lead paint claim. The DHCR ruled against tenant.

Rent-stabilized tenant complained of a reduction in services. She claimed that there was water damage to the bathroom wall, causing peeling paint and bulging. She also complained that the bathroom windows had lead-based paint violations, and that landlord should replace the windows rather than paint them. The DRA ruled against tenant after an inspection showed that landlord had made repairs to the bathroom. Tenant appealed because the DRA didn't address her lead paint claim. The DHCR ruled against tenant. Tenant should address any complaint she had about lead-based paint in the apartment to HPD.

Williams: DHCR Adm. Rev. Docket No. XC110052RT (9/18/09) [2-pg. doc.]

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