Tenant's Security Gate Prevented Landlord from Making Repairs

LVT Number: 17253

Tenant complained of a reduction in services based on a defective living room window. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration. The DRA ruled against landlord. Landlord appealed, arguing that tenant had installed an unopenable window gate, which prevented landlord from making the window repairs. The DHCR ruled for landlord. An inspection showed that there was a fixed gate across the window. The gate interfered with the inspector's ability to check the operation of the window.

Tenant complained of a reduction in services based on a defective living room window. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration. The DRA ruled against landlord. Landlord appealed, arguing that tenant had installed an unopenable window gate, which prevented landlord from making the window repairs. The DHCR ruled for landlord. An inspection showed that there was a fixed gate across the window. The gate interfered with the inspector's ability to check the operation of the window.

Syal Co. LLC: DHCR Adm. Rev. Dckt. No. RD410055RO (2/20/04) [2-pg. doc.]

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