Architect's Affidavit Can't Be Used to Prove Services Restored

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied to restore the rent based on restoration of services. Landlord submitted an architect's affidavit as proof that services were restored. This was allowed under DHCR Policy Statement 96-1. The DRA ruled for landlord, and tenant appealed, claiming that the architect's affidavit couldn't be properly relied upon in this case. The DHCR ruled for tenant. Policy Statement 96-1 specifically states that an architect's affidavit can't be used with regard to a heat or hot water condition. One of the DRA's findings was that the hot water in tenant's apartment was inadequate. So use of the architect's statement to prove restoration of services was improper. In addition, landlord's architect had stated that the hot water temperature was 78 degrees upon his inspection. The minimum hot water temperature required was 120 degrees. With regard to the other condition, the building's door lock, an architect's statement wasn't useful for this type of condition. An architect or engineer's statement was meant to be used for building-wide conditions for which they would have expertise. The rent restoration was revoked.

Jones: DHCR Adm. Rev. Dckt. No. MG130115RT (8/24/99) [3-pg. doc.]