Tenant's Complaint About Super Should Be Handled by HPD

LVT Number: 16820

Tenant complained of a reduction in services based on inadequate janitorial services. The DRA ruled against tenant after an inspection showed that janitorial services were being properly maintained. Tenant appealed, claiming that the person serving as the building's janitor wasn't eligible to do so under the city's Housing Maintenance Code. The DHCR ruled against tenant. Tenant's claim of a Housing Maintenance Code violation should be handled by HPD. Even if tenant's claim was true, it wasn't proof of a decrease in services. So the DHCR had no authority to rule on the issue.

Tenant complained of a reduction in services based on inadequate janitorial services. The DRA ruled against tenant after an inspection showed that janitorial services were being properly maintained. Tenant appealed, claiming that the person serving as the building's janitor wasn't eligible to do so under the city's Housing Maintenance Code. The DHCR ruled against tenant. Tenant's claim of a Housing Maintenance Code violation should be handled by HPD. Even if tenant's claim was true, it wasn't proof of a decrease in services. So the DHCR had no authority to rule on the issue.

Giber: DHCR Adm. Rev. Dckt. No. QD430098RT (7/30/03) [3-pg. doc.]

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