Rent Restoration Revoked

LVT Number: #23955

Rent-stabilized tenant complained of a reduction in services based on leaks coming through the bedroom ceiling and walls. The DRA ruled for tenant and reduced his rent. The DRA later granted landlord's application for rent restoration based on the restoration of services after DHCR inspection found no evidence of leak stains or peeling paint and plaster. Tenant appealed and won. Tenant claimed that landlord had made only cosmetic repairs and that there were still leaks.

Rent-stabilized tenant complained of a reduction in services based on leaks coming through the bedroom ceiling and walls. The DRA ruled for tenant and reduced his rent. The DRA later granted landlord's application for rent restoration based on the restoration of services after DHCR inspection found no evidence of leak stains or peeling paint and plaster. Tenant appealed and won. Tenant claimed that landlord had made only cosmetic repairs and that there were still leaks. The DHCR's inspector had reported that there was a six-foot long crack on the bedroom wall that had been painted and plastered. The crack was significant and showed that repairs had been done improperly. The rent restoration was revoked.

Bogoch: DHCR Adm. Rev. Docket No. ZB410009RT (1/4/12) [2-pg. doc.]

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