Apartment Conditions Didn’t Prevent Needed Repairs

Rent-stabilized tenant complained of a reduction in services based on various apartment conditions. He also claimed it was an emergency. The DRA ruled for tenant and reduced her rent. Among other things, the DRA found that the kitchen floor, covered in a black substance, was defective and had loose floor boards, that hallway floor boards were loose and worn, and that kitchen and living room walls and ceilings were water damaged. Landlord appealed and lost. Landlord claimed that tenant repeatedly refused to give access to correct any conditions or to unclutter the apartment so that work could be done. Landlord pointed out that the floors were blackened because tenant didn’t keep them clean. Landlord also argued that the DHCR unreasonably expected landlord to correct conditions within one week. The DHCR found that landlord had sufficient notice to correct the conditions, that the DRA set up two no-access inspections, and that the apartment wasn't so cluttered that work couldn't be performed. 

Goldstein: DHCR Adm. Rev. Docket No. CV220012RO (8/27/15) [5-pg. doc.]