Mold Problem in Bathroom

LVT Number: 17392

Tenant complained of a reduction in services based on mold in his bathroom and bedroom. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the condition was minor, and that it was probably caused by tenant's failure to clean. Landlord said that it wasn't required to provide housekeeping services for tenant and that there was no finding of any leak that could be causing the mold problem. The DHCR ruled against landlord. This wasn't a minor condition. It had gone on for several years.

Tenant complained of a reduction in services based on mold in his bathroom and bedroom. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the condition was minor, and that it was probably caused by tenant's failure to clean. Landlord said that it wasn't required to provide housekeeping services for tenant and that there was no finding of any leak that could be causing the mold problem. The DHCR ruled against landlord. This wasn't a minor condition. It had gone on for several years. Tenant tried to get rid of the mold by using procedures recommended by the Department of Health. The mold seemed to grow from inside the wall and had caused tenant's wife to be ill. Tenant submitted an environmental report to the DRA supporting his claim and there was no proof that tenant didn't clean the areas where the mold appeared.

Palmer Equities: DHCR Adm. Rev. Dckt. No. RG910019RO (3/10/04) [3-pg. doc.]

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