Complaint About Leaks Doesn't Include Peeling Paint

(Decision submitted by Karen Schwartz Sidrane of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord) Tenants complained of reduced building-wide services. Among other things, tenants complained about the paint color and about leaks. The DRA ruled for tenants, based on an inspection report that found peeling paint on the ceilings, and cut their rents. Landlord appealed, claiming that tenants hadn't complained about peeling paint. The DHCR ruled against landlord. The DHCR stated that tenants' claims about leaks and holes in various ceilings put landlord on notice of the peeling ceilings. Landlord appealed. On this issue, the court ruled for landlord. Landlord couldn't have been put on notice about the peeling ceilings by virtue of tenants' claims about the ceiling leaks and holes because the DHCR's inspector had found no leaks or holes. The DHCR had improperly concluded that the peeling paint was caused by leaks.

Kellner & Livingston, Inc. v. New York State Division of Housing and Community Renewal: Index No. 16727/93 (11/3/93) (Sup. Ct. Kings; Krausman, J) [10-page document]