DHCR Can't Decide Tenant's Warranty of Habitability Claim

June 30, 2005

LVT Number: 18228

Tenants filed a complaint of improper eviction with the DHCR. They claimed that they were being harassed by a downstairs neighbor and that landlord refused to take action. They claimed that the neighbor's behavior also caused a breach of the warranty of habitability. The DRA ruled against tenants. They appealed and lost. The DHCR has no authority to consider a complaint of harassment by another tenant. There is also no remedy for breach of the warranty of habitability under the ETPA. Tenants must bring a court action if they want to pursue this claim.

Tenants filed a complaint of improper eviction with the DHCR. They claimed that they were being harassed by a downstairs neighbor and that landlord refused to take action. They claimed that the neighbor's behavior also caused a breach of the warranty of habitability. The DRA ruled against tenants. They appealed and lost. The DHCR has no authority to consider a complaint of harassment by another tenant. There is also no remedy for breach of the warranty of habitability under the ETPA. Tenants must bring a court action if they want to pursue this claim.

Sottolano: DHCR Adm. Rev. Dckt. No. TA910013RT (5/4/05) [3-pg. doc.]

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