Average Person Could Open Repaired Windows

Tenant complained of a reduction in services, claiming that her apartment windows were difficult to operate. The DRA ruled for tenant and reduced her rent. Landlord later filed a rent restoration application and claimed that the windows had been fixed. The DRA ruled for landlord. Tenant appealed, claiming that the windows were still hard to open. The DHCR ruled against tenant. The DHCR's inspector tested the windows and found that, although tenant had difficulty opening the windows, he was able to open, close, and lock the windows without difficulty during the inspection. Since a person of ordinary strength could open and close the windows, landlord had restored the required service.

Shatles: DHCR Adm. Rev. Docket No. WG710024RT (12/9/08) [2-pg. doc.]