Tenants Denied Access for Repair of Violations

LVT Number: 11377

The DRA issued an order of 1990-1991 maximum base rent increase eligibility for tenants' rent-controlled apartment. Tenants appealed, claiming that violations related to apartment windows hadn't been corrected. Landlord claimed that windows were repaired in August 1990 and that tenants refused to provide access, forcing landlord to make repairs from the outside. The DHCR ruled against tenants. In a prior proceeding, the DHCR had dismissed tenants' service complaint about the windows based on their failure to provide access during the same period.

The DRA issued an order of 1990-1991 maximum base rent increase eligibility for tenants' rent-controlled apartment. Tenants appealed, claiming that violations related to apartment windows hadn't been corrected. Landlord claimed that windows were repaired in August 1990 and that tenants refused to provide access, forcing landlord to make repairs from the outside. The DHCR ruled against tenants. In a prior proceeding, the DHCR had dismissed tenants' service complaint about the windows based on their failure to provide access during the same period. So, for purposes of the maximum base rent increases, the DHCR deemed the window violation to be cleared.

Gorman: DHCR Adm. Rev. Dckt. No. EI120249RT (12/12/96) [3-page document]

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