Tenants Claim New Doors Violate Building Code

LVT Number: 10848

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord applied for MCI rent increases based on the installation of new entrance doors and new fuel oil tanks. Tenants appealed, claiming that the new doors violated the city's building code because they weren't handicap accessible. The DHCR ruled against tenants. Tenants didn't raise this issue while landlord's application was before the DRA. Therefore the DHCR couldn't consider it for the first time on appeal.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord applied for MCI rent increases based on the installation of new entrance doors and new fuel oil tanks. Tenants appealed, claiming that the new doors violated the city's building code because they weren't handicap accessible. The DHCR ruled against tenants. Tenants didn't raise this issue while landlord's application was before the DRA. Therefore the DHCR couldn't consider it for the first time on appeal.

51-01 39th Ave.: DHCR Admin. Rev. Dckt. No. JK130076RT (7/12/96) [3-page document]

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