Weather Delay for Pointing Work Doesn't Excuse Apartment Leak Damage

June 30, 2007

LVT Number: #19690

Tenant complained of a reduction in services due to leaks in her apartment that caused water damage. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that bad weather in February and March 2007 delayed completion of a building pointing project. Landlord said that it couldn't repair tenant's walls until the pointing was done. The DHCR ruled against landlord. Landlord received tenant's letter about the condition a month before tenant filed her complaint. The DHCR inspection took place several months later.

Tenant complained of a reduction in services due to leaks in her apartment that caused water damage. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that bad weather in February and March 2007 delayed completion of a building pointing project. Landlord said that it couldn't repair tenant's walls until the pointing was done. The DHCR ruled against landlord. Landlord received tenant's letter about the condition a month before tenant filed her complaint. The DHCR inspection took place several months later. Inspection found severe blistering, stains, and peeling paint and plaster due to apartment leaks.

Emay Equities LLC: DHCR Adm. Rev. Docket No. VC410036RO (5/18/07) [3-pg. doc.]

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