Violations Issued Two Years After Work Done

Tenant filed a fair market rent appeal. The DRA ruled for tenant and reduced his rent. Tenant appealed, claiming that the rent should be even lower than the DRA calculated. The DRA had allowed 1/40th rent increases for the cost of lighting fixtures and electrical work. Tenant claimed that a later violation issued by HPD for electrical work proved that the work wasn't done or was done poorly. The DHCR ruled against tenant. Violations were issued by HPD for one defective light fixture and a wiring problem only in the ceiling of the kitchenette. And these violations were placed more than two years after the work was done. This wasn't sufficient reason to disallow the rent increase for the apartment improvement work.

Rose: DHCR Admin. Rev. Dckt. No. NK410042RT (9/12/01) [3-pg. doc.]