Corrected Items Shouldn't Have Been Reinspected

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord, finding that certain items hadn't been repaired. Landlord appealed. According to the DHCR's records, an initial inspection showed that a hallway light and bedroom door had been repaired. A later inspection report stated that these items still needed to be corrected. Landlord claimed that it was wrong for the DHCR to reinspect these items when it had already found that landlord had corrected them. The DHCR ruled for landlord. There was no authority for a follow-up inspection of the items already found corrected. But landlord's PAR was otherwise denied because there remained some uncorrected conditions, and so the rent reduction remained in effect.

Broadway 95th St. LLC: DHCR Admin. Rev. Dckt. No. PJ410019RO (5/8/02) [3-pg. doc.]