Tenant Didn't Prove Service Reduction Based on Construction Noise and Dust

March 29, 2021

LVT Number: #31322

Rent-stabilized tenant complained of a reduction in services based on a number of conditions involving extreme construction noise and dust. The DRA ruled against tenant, who appealed and lost. The DHCR's inspector had found the apartment habitable, no dust or chemical fumes in the unit, no proof of defective windows, and that tenant had access to her terrace. The kitchen vent was defective, but this wasn't a condition listed in tenant's complaint. Additional documentation of claims submitted with tenant's PAR couldn't be accepted for review on appeal.

Rent-stabilized tenant complained of a reduction in services based on a number of conditions involving extreme construction noise and dust. The DRA ruled against tenant, who appealed and lost. The DHCR's inspector had found the apartment habitable, no dust or chemical fumes in the unit, no proof of defective windows, and that tenant had access to her terrace. The kitchen vent was defective, but this wasn't a condition listed in tenant's complaint. Additional documentation of claims submitted with tenant's PAR couldn't be accepted for review on appeal.

Conway: DHCR Adm. Rev. Docket No. IO410006RT (2/18/21) [3-pg. doc.]

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