Tenant Needn't Give Landlord Prior Notice Before Filing Service Reduction Complaint

LVT Number: #32173

Rent-stabilized tenant complained to the DHCR of a reduction in services. DHCR inspection confirmed that landlord failed to maintain the kitchen cabinet, sink, entry door frame alignment, paint and plaster in the hallway, and the hallway closet door. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that two of the services found deficient hadn't been listed in tenant's complaint. But tenant did complain about the painting in the hallway ceiling and the walls, and the hallway closet door.

Rent-stabilized tenant complained to the DHCR of a reduction in services. DHCR inspection confirmed that landlord failed to maintain the kitchen cabinet, sink, entry door frame alignment, paint and plaster in the hallway, and the hallway closet door. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that two of the services found deficient hadn't been listed in tenant's complaint. But tenant did complain about the painting in the hallway ceiling and the walls, and the hallway closet door. And, while landlord argued that tenant didn't give landlord prior notice of his claims, this was recommended but not required under RSC Section 2523.4(c).

Argo Real Estate LLC: DHCR Adm. Rev. Docket No. KP410028RO (7/15/22)[4-pg. document]

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