No DHCR Night Inspections

LVT Number: 11903

Tenant complained of a reduction in building-wide services based on inadequate nighttime hallway light. The DRA dismissed tenant's complaint without ruling on the merits and directed tenant to file a complaint with HPD. Tenant appealed, claiming that proper lighting was a required service and that the DHCR had authority to rule on this issue. The DHCR ruled against tenant. Tenant stated that daytime lighting was adequate due to the skylight. Only lighting at night was an issue. The DHCR didn't conduct night inspections and landlord claimed that the 22-watt fluorescent lamp was adequate.

Tenant complained of a reduction in building-wide services based on inadequate nighttime hallway light. The DRA dismissed tenant's complaint without ruling on the merits and directed tenant to file a complaint with HPD. Tenant appealed, claiming that proper lighting was a required service and that the DHCR had authority to rule on this issue. The DHCR ruled against tenant. Tenant stated that daytime lighting was adequate due to the skylight. Only lighting at night was an issue. The DHCR didn't conduct night inspections and landlord claimed that the 22-watt fluorescent lamp was adequate. HPD could perform a night inspection and determine if a violation existed. If a violation did exist, tenant could then use the report to support any future DHCR complaint for reduced services.

Abreu: DHCR Adm. Rev. Dckt. No. KD430094RT (6/27/97) [2-page document]

Downloads

KD430094RT.pdf80.84 KB