Odor Caused by Neighbor's Burning of Incense

Tenant complained of a reduction in services based on an odor entering his apartment. The odor was caused by neighboring tenant's use of incense. The DRA ruled against tenant, finding that the condition was minor. Tenant appealed and lost. The DHCR noted that the DRA denied the complaint for the wrong reason. The condition complained of had nothing to do with a service that landlord was required to provide or maintain.

Perez: DHCR Admin. Rev. Dckt. No. PG410029RT (6/27/02) [2-pg. doc.]