Bathroom Leak

September 30, 2003

LVT Number: 16897

Tenant complained of a reduction in services due to leaks in the bathroom ceiling over an extended period. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the leaks weren't caused by broken pipes but by water overflow from the upstairs tenant's apartment. Landlord argued that since the upstairs tenant caused the flooding problems into tenant's bathroom ceiling, landlord wasn't responsible. The DHCR ruled against landlord. Landlord is responsible for maintaining required services in tenant's apartment, no matter what causes a reduction in services.

Tenant complained of a reduction in services due to leaks in the bathroom ceiling over an extended period. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the leaks weren't caused by broken pipes but by water overflow from the upstairs tenant's apartment. Landlord argued that since the upstairs tenant caused the flooding problems into tenant's bathroom ceiling, landlord wasn't responsible. The DHCR ruled against landlord. Landlord is responsible for maintaining required services in tenant's apartment, no matter what causes a reduction in services. Landlord could have taken steps against the upstairs tenant to remedy the problem.

Cinnamon Beach, Ltd: DHCR Adm. Rev. Dckt. No. RF710017RO (9/3/03) [2-pg. doc.]

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