Minor Cracks in Dining Room Ceiling

LVT Number: 17959

Tenant complained of a reduction in services based on cracks in his dining room ceiling and inadequate water pressure. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the ceiling cracks were a minor condition. And landlord pointed out that the water pressure was the responsibility of the cooperative corporation that owned the building. Landlord owned only tenant's apartment. The DHCR ruled for landlord in part. Landlord didn't raise the issue about the water pressure before the DRA. So it can't be considered on PAR.

Tenant complained of a reduction in services based on cracks in his dining room ceiling and inadequate water pressure. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the ceiling cracks were a minor condition. And landlord pointed out that the water pressure was the responsibility of the cooperative corporation that owned the building. Landlord owned only tenant's apartment. The DHCR ruled for landlord in part. Landlord didn't raise the issue about the water pressure before the DRA. So it can't be considered on PAR. But the DHCR's inspector reported that there were only minor cracks in the dining room ceiling. This was a minor condition and not a basis for a rent reduction.

Lepow: DHCR Adm. Rev. Dckt. No. SE420005RO (1/25/05) [3-pg. doc.]

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