Tenant Can't Add New Claims

Tenant complained of a reduction in services. The DRA ruled for tenant based on defects in various apartments' windows and reduced his rent. But it found that landlord had repaired an apartment leak tenant had complained about and didn't order a rent cut for this item. Tenant appealed, claiming that related water damage to the ceiling, walls, and flooring hadn't been repaired and should also have been the basis for a rent cut. The DHCR ruled against tenant. Tenant only complained about a ceiling leak and window defects. Tenant didn't make any claims about ceiling, wall, or floor damage in his initial complaint or in several follow-up letters to the DRA. Tenant did submit one letter concerning leak damage to the DRA in response to new landlord's answer to notice of tenant's complaint, but this was over a year after filing his complaint. The DRA's decision not to add the leak damage issue to the conditions considered in tenant's complaint was appropriate under the circumstances.

Diaz: DHCR Adm. Rev. Dckt. No. HJ110263RT (11/25/96) [2-page document]