Architect's Affidavit Proves Services Restored

Tenants complained of a reduction in building-wide services based on broken intercoms, broken stairway doorknobs, and graffiti on the building walls. The DRA ruled for tenants and reduced their rents. Landlord later applied to restore the rent based on restoration of services. Landlord submitted an architect's affidavit stating that the doorknobs were fixed and that no graffiti remained. One tenant appealed, claiming that graffiti did remain. The DHCR ruled against tenant. To raise a question about the architect's affidavit, 51 percent of the tenants needed to submit persuasive proof that the service wasn't restored. Since other tenants didn't do so in this case, tenant's PAR was denied.

Spence: DHCR Adm. Rev. Dckt. No. OF230103RT (1/22/01) [2-pg. doc.]