Tenants Complained of Exterior Brick Leaks, Not Hallway Leaks

LVT Number: 8918

Tenants complained of reduced building-wide services, claiming that 10 apartments had exterior brick leaks. Landlord argued that the leaks were scheduled for repair. A DHCR inspection revealed leakage in a hallway ceiling, and the DRA cut the rent. Landlord appealed, and won. Tenants had complained of leaks in the exterior walls---not leaks in the hallway ceiling. The leaking hallway ceiling wasn't related to the original complaint, so it couldn't be a ground for reducing the rent.

Tenants complained of reduced building-wide services, claiming that 10 apartments had exterior brick leaks. Landlord argued that the leaks were scheduled for repair. A DHCR inspection revealed leakage in a hallway ceiling, and the DRA cut the rent. Landlord appealed, and won. Tenants had complained of leaks in the exterior walls---not leaks in the hallway ceiling. The leaking hallway ceiling wasn't related to the original complaint, so it couldn't be a ground for reducing the rent.

Jeremias: DHCR Adm. Rev. Dckt. Nos. DH 230494-RO, DJ 230110-RO (5/18/94) [2-page document]

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