Defective Flushometer

April 30, 2001

LVT Number: 14964

Tenant complained of a reduction in services based on a defective toilet Flushometer. Landlord claimed that it repaired the condition. An inspection showed that the Flushometer still wasn't working properly. The DRA ruled for tenant, and landlord appealed. Landlord claimed that it wasn't notified of tenant's complaint, that it had corrected the condition, that the condition was minor, and that tenant had caused it. The DHCR ruled against landlord. Landlord had answered the complaint, so he couldn't claim that he wasn't notified.

Tenant complained of a reduction in services based on a defective toilet Flushometer. Landlord claimed that it repaired the condition. An inspection showed that the Flushometer still wasn't working properly. The DRA ruled for tenant, and landlord appealed. Landlord claimed that it wasn't notified of tenant's complaint, that it had corrected the condition, that the condition was minor, and that tenant had caused it. The DHCR ruled against landlord. Landlord had answered the complaint, so he couldn't claim that he wasn't notified. Landlord's work on the Flushometer didn't correct the condition. This wasn't a minor condition. It was irrelevant whether tenant caused the condition, and landlord presented no proof of that claim.

Apar Realty Co.: DHCR Adm. Rev. Dckt. No. OJ410032RO (3/29/01) [3-pg. doc.]

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