No Access to Room During Asbestos Removal

LVT Number: 14886

Tenant complained of a reduction in services because he was barred from access to part of his apartment while landlord performed asbestos removal. The work was completed by the time tenant filed his complaint. The DRA ruled against tenant. Tenant appealed and lost. Since the asbestos removal was completed by the time of the DHCR inspection, there was no basis to find a reduction in services. And the DHCR can't rule on damage issues that might arise from asbestos conditions. Tenant would have to go to court if he had a further complaint based on the asbestos removal.

Tenant complained of a reduction in services because he was barred from access to part of his apartment while landlord performed asbestos removal. The work was completed by the time tenant filed his complaint. The DRA ruled against tenant. Tenant appealed and lost. Since the asbestos removal was completed by the time of the DHCR inspection, there was no basis to find a reduction in services. And the DHCR can't rule on damage issues that might arise from asbestos conditions. Tenant would have to go to court if he had a further complaint based on the asbestos removal.

White: DHCR Adm. Rev. Dckt. No. OH410014RT (1/8/01) [2-pg. doc.]

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