Tenant Didn't Prepare Room for Repairs

LVT Number: 18341

Tenant complained of a reduction in services. The DRA ruled for tenant based on a damaged bathroom ceiling and a fireplace that needed cleaning. Landlord later applied for rent restoration based on tenant's refusal to allow repairs to be made. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that she didn't deny access. But the DRA's records showed that a no-access inspection was conducted. Tenant had placed many fire hazardous materials near the fireplace, which prevented landlord from cleaning it. At a second inspection, the bathroom ceiling repairs had been done.

Tenant complained of a reduction in services. The DRA ruled for tenant based on a damaged bathroom ceiling and a fireplace that needed cleaning. Landlord later applied for rent restoration based on tenant's refusal to allow repairs to be made. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that she didn't deny access. But the DRA's records showed that a no-access inspection was conducted. Tenant had placed many fire hazardous materials near the fireplace, which prevented landlord from cleaning it. At a second inspection, the bathroom ceiling repairs had been done. But tenant still hadn't moved the materials from the living room, near the fireplace. Since tenant hadn't prepared the room for landlord's repairs, the DRA correctly granted landlord's rent restoration application.

Stacy: DHCR Adm. Rev. Dckt. No. TD410063RT (7/1/05) [2-pg. doc.]

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