Tenant Didn't Send Landlord Notice

Tenant complained of a reduction in services. She claimed that the kitchen needed new cabinets, the living room and bedroom floors needed to be repaired and polished, and the living room ceiling was cracked or leaking. The DRA ruled against tenant and dismissed the complaint after tenant stated that the living room ceiling condition had been corrected. Tenant appealed, pointing out that the DRA didn't address her other claims. The DHCR ruled against tenant. The Rent Stabilization Code requires tenants to send landlords a letter between 10 and 60 days before filing a complaint based on a reduction in services. Tenant failed to do so in this case. Therefore, the DHCR can't consider tenant's complaint concerning non-emergency conditions. The DRA did consider tenant's claim concerning the living room ceiling, but this complaint was resolved by tenant's own admission before the DRA issued its decision.

Alengakis: DHCR Adm. Rev. Docket No. WD220062RT (6/12/08) [2-pg. doc.]