Temporary Toilet Problem

January 1, 2006

LVT Number: 18586

Tenant complained of a reduction in services based on a nonfunctioning toilet. The DRA ruled against tenant because tenant submitted a later statement saying that the toilet was repaired as of March 23, 2005. Tenant appealed. She said she wanted a rent reduction for the 18-day period that her toilet wasn't working. The DHCR ruled against tenant. Under DHCR Policy statement 90-2, if service has been restored before issuance of the DRA's order, there is generally no rent reduction. Tenant's toilet problem was only temporary, and she admitted it had been fixed.

Tenant complained of a reduction in services based on a nonfunctioning toilet. The DRA ruled against tenant because tenant submitted a later statement saying that the toilet was repaired as of March 23, 2005. Tenant appealed. She said she wanted a rent reduction for the 18-day period that her toilet wasn't working. The DHCR ruled against tenant. Under DHCR Policy statement 90-2, if service has been restored before issuance of the DRA's order, there is generally no rent reduction. Tenant's toilet problem was only temporary, and she admitted it had been fixed.

Levitt: DHCR Adm. Rev. Dckt. No. TG110077RT (12/2/05) [2-pg. doc.]

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