No Proof Tenants Caused Rats in Courtyard

October 31, 2007

LVT Number: #19999

Tenants complained of a reduction in building-wide services. They claimed that there were rats in the building's courtyard. After inspection, the DRA ruled for tenants and reduced their rents based on landlord's failure to maintain vermin control in the courtyard. Landlord appealed, claiming that some tenants caused the vermin problem by throwing garbage out of the apartment windows. The DHCR ruled against landlord. There was no proof that tenants caused the problem.

Tenants complained of a reduction in building-wide services. They claimed that there were rats in the building's courtyard. After inspection, the DRA ruled for tenants and reduced their rents based on landlord's failure to maintain vermin control in the courtyard. Landlord appealed, claiming that some tenants caused the vermin problem by throwing garbage out of the apartment windows. The DHCR ruled against landlord. There was no proof that tenants caused the problem. The record in the case also showed that landlord made great effort to address other service problems in the building but didn't correct the vermin problem or failed to do so in a workmanlike manner.

IGDF Canterbury, LLC: DHCR Adm. Rev. Docket No. UE410020RO (10/5/06) [3-pg. doc.]

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