DHCR Can Rely on Its Own Inspection Report
LVT Number: #30878
Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that: (a) the entrance doors were frequently broken; (b) hallways weren't properly lit and had broken tiling; (c) garbage wasn't removed in a timely manner; (d) the staircase had broken railings; (e) the intercom, security system, and elevators were defective; and (f) there was a widespread vermin infestation.
The DRA ruled against tenants, after inspection showed that services were being maintained.
Tenants appealed and lost. Tenants claimed that some of the DRA's findings were incorrect, and listed other services not being maintained. But DHCR Policy Statement 90-2 states that the DRA can rely on an agency inspection when making a determination about services. And the DHCR wouldn't consider service issues raised in tenants' PAR that weren't part of their original complaint.
Various Tenants of 20-30 Elk Drive: DHCR Adm. Rev. Docket No. HN130033RT (2/13/20) [2-pg. doc.]
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