Muddy, Rusty Water Sprayed from Shower Head at Inspection

Tenant complained of a reduction in services based on rusty water in his bathroom shower. 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 a no-access inspection. Landlord appealed, claiming that it was ready to complete repairs during the DHCR inspection, that the rusty water condition was de minimis, and that tenant had caused the condition. The DHCR ruled against landlord. The inspector found that the bathroom shower head sprayed out a muddy substance and that the tub faucet water was rusty when first turned on. The inspector also stated that landlord's workers didn't bring any materials to do repair work at the no-access inspection. There was no proof that tenant had caused the condition.

Waterside Realty Mgmt. Co., LLC: DHCR Adm. Rev. Docket No. UG110008RO (2/9/07) [3-pg. doc.]