New Defects Irrelevant
LVT Number: 8920
Tenant complained of broken bathroom tiles, and the DRA cut tenant's rent. After completing repairs, landlord applied to restore the rent. A DHCR inspector found broken tiles, and the DRA denied landlord's application. Landlord appealed, arguing that he'd repaired the tiles, and that tenant had signed a letter stating he was satisfied with the repairs. Sometime after the repairs were completed, a fire damaged tenant's apartment, necessitating additional tile repairs. Landlord argued that tenant refused access to repair those broken tiles. The DHCR ruled for landlord. The original inspection was performed over a year after landlord had made the repairs, and after the fire had damaged tenant's apartment anew. Since tenant had said, and signed a letter stating that, he was happy with the original repair work, the defects found by the inspector could only have been caused by a new condition unrelated to tenant's original claim.
28th Street Investors Co.: DHCR Adm. Rev. Dckt. No HH 420064-RO (5/17/94) [3-page document]