Safety Issue Not Raised in Tenant's Complaint

July 31, 2007

LVT Number: #19772

(Decision submitted by James R. Marino, of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent, finding a broken backyard fence. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that there was an ongoing vermin problem and that her backyard fence created a safety issue because trespassers could use the fence to gain access to her apartment. The DHCR ruled against tenant.

(Decision submitted by James R. Marino, of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent, finding a broken backyard fence. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that there was an ongoing vermin problem and that her backyard fence created a safety issue because trespassers could use the fence to gain access to her apartment. The DHCR ruled against tenant. Tenant hadn't raised safety issues or any issue about vermin in her complaint. So, there were no grounds to revoke the rent restoration.

Barnell: DHCR Adm. Rev. Dckt. No. VD430047RT (7/20/07) [2-pg. doc.]

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