Tenant Acknowledged that Repairs Were Made

(Decision submitted by Patrick K. Munson of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services based on water damage in the ceiling caused by a leak. The DHCR ruled for tenant and reduced her rent. Landlord later applied for restoration of tenant's rent and submitted a statement by tenant that repairs had been completed. Still, the DHCR ruled against landlord because landlord painted the ceiling two different colors after repairing the leaks. Landlord appealed, claiming that the DHCR should have granted landlord's rent restoration application without an inspection since tenant had acknowledged the repairs. In response, tenant claimed that she was ''harassed'' into signing off on the repairs. The court sent the case back to the DHCR for further investigation. Landlord was entitled to a rent restoration based on tenant's signed statement, unless tenant's claim that she was coerced into signing was true.

SJL Atlantis Co. v. DHCR: Index No. 38105/97 (4/1/98) (Sup. Ct. NY; Belen, J) [5-page document]