Construction Dust and Debris Showed Reduction in Services

Tenant complained of a reduction in services based on insufficient janitorial services. The DRA ruled for tenant and reduced his rent after inspection showed that there was construction debris, tools, dust, and materials in the building. Landlord appealed and lost. Landlord argued that this was normal during the workday while construction was going on in the building, and that the DHCR should have sent its inspector during evening hours. Landlord claimed that the DRA's decision was irrational, that janitorial staff cleaned the building at the end of each workday, and that all doors in the work area were closed and covered with taped plastic sheeting. But tenant had complained that there was dust throughout the building and in her apartment. And inspection photographs disproved landlord's claim that, in response to tenant's complaint, it had taken significant measures to contain any dust during its building renovation work. The DHCR's inspection showed that landlord engaged in unsafe work practices that could adversely affect tenants' health and safety.

Kingston Heights Realty, LLC: DHCR Adm. Rev. Docket No. EW210019RO (11/18/17) [3-pg. doc.]