Mold and Water Penetration Continued Despite Claimed Repairs

LVT Number: #23130

Tenant complained of a reduction in services to his two apartments. He claimed that mold conditions made the units uninhabitable. The DRA reduced tenant's rent after finding water leakage in the apartments. DOB also had issued a Vacate Order based on water penetration, mold, and a collapsing structure. Landlord later sought rent restoration, claiming that conditions were repaired. The DRA ruled against landlord, who appealed and lost. DOB had rescinded its Vacate Order, but tenant claimed that there still was ongoing water penetration and mold conditions in the apartment.

Tenant complained of a reduction in services to his two apartments. He claimed that mold conditions made the units uninhabitable. The DRA reduced tenant's rent after finding water leakage in the apartments. DOB also had issued a Vacate Order based on water penetration, mold, and a collapsing structure. Landlord later sought rent restoration, claiming that conditions were repaired. The DRA ruled against landlord, who appealed and lost. DOB had rescinded its Vacate Order, but tenant claimed that there still was ongoing water penetration and mold conditions in the apartment. The DHCR's inspector found mold, stains, and defective paint and plaster in various parts of the apartment. Walls and ceilings also were wet at the time of inspection. While landlord's rent restoration application was pending, the DHCR also found that HPD had issued a class "C" hazardous violation for mold conditions in the apartment.

308 West 104th Street: DHCR Adm. Rev. Docket No. XE410050RO (11/30/10) [3-pg. doc.]

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