Tenant Removed Floor Covering Before Inspection

Tenant complained of a reduction in services based on broken floor tiles. The DRA ruled for tenant after an inspection. Landlord appealed, claiming that tenant had removed a linoleum floor covering in good condition from the kitchen floor before the DHCR inspection. Landlord submitted a sworn statement from an impartial person in support of his claim. Tenant admitted he had removed the linoleum. The DHCR ruled for landlord and revoked the rent reduction. Landlord also was directed to fix any defects in the now-exposed floor.

Calabrese: DHCR Adm. Rev. Dckt. No. OG210040RO (2/16/01) [2-pg. doc.]