Pool Service Eliminated

LVT Number: 18021

Tenants complained of a reduction in services based on landlord's elimination of pool service for the 2004 season. The DRA ruled for tenants and reduced their rents. Landlord appealed. Landlord said it had applied to the DHCR for permission to discontinue pool service two months before tenants filed their complaint. Landlord said it was unfair to rule on tenants' complaint while its application was pending. And landlord wasn't given a chance to restore pool service before the DRA issued its order. The DHCR ruled against landlord.

Tenants complained of a reduction in services based on landlord's elimination of pool service for the 2004 season. The DRA ruled for tenants and reduced their rents. Landlord appealed. Landlord said it had applied to the DHCR for permission to discontinue pool service two months before tenants filed their complaint. Landlord said it was unfair to rule on tenants' complaint while its application was pending. And landlord wasn't given a chance to restore pool service before the DRA issued its order. The DHCR ruled against landlord. Landlord waited until just before the 2004 season started before filing its application to discontinue pool service. At the same time, landlord closed the pool without waiting for the DHCR to rule on its application.

State Lafayette Co.: DHCR Adm. Rev. Dckt. No. SK210016RO (2/25/05) [2-pg. doc.]

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