DHCR Can't Award Tenant Damages for Property Damage

LVT Number: #24657

Rent-stabilized tenant complained of a reduction in required services. Tenant claimed that landlord failed to provide basic maintenance for six months in 2011, causing a loss of usable living space in the bedroom and resulting in significant personal expenses for storage fees and property damage. The DRA ruled against tenant, who appealed and lost. There was no condition found in tenant's apartment that warranted a rent reduction based on a reduction in services.

Rent-stabilized tenant complained of a reduction in required services. Tenant claimed that landlord failed to provide basic maintenance for six months in 2011, causing a loss of usable living space in the bedroom and resulting in significant personal expenses for storage fees and property damage. The DRA ruled against tenant, who appealed and lost. There was no condition found in tenant's apartment that warranted a rent reduction based on a reduction in services. And the DHCR didn't have the authority to award tenant reimbursement for personal expenses he claimed were caused by landlord's actions. Tenant could file a court action, but the DHCR couldn't grant the relief sought.

320 West 106th Street: DHCR Adm. Rev. Docket No. AM410017RT (1/31/13) [1-pg. doc.]

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