Tenant Can't Raise New Claims

LVT Number: 14677

(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 due to window problems. The DRA ruled for tenant and reduced his rent. Landlord later applied to restore the rent based on restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that one window sash slipped out of the frame some weeks after being repaired and that another window was becoming hard to open. 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 due to window problems. The DRA ruled for tenant and reduced his rent. Landlord later applied to restore the rent based on restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that one window sash slipped out of the frame some weeks after being repaired and that another window was becoming hard to open. The DHCR ruled against tenant. These conditions weren't present when the DHCR inspected the apartment in response to landlord's rent restoration application. They were new conditions, for which tenant would have to file a new complaint

Jerome: DHCR Adm. Rev. Dckt. No. OD410001RT (12/1/00) [2-pg. doc.]

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