DHCR Can't Enforce Ventilation Requirements

Tenants complained of a reduction in building-wide services. They claimed there was little or no ventilation in their apartments and public areas, and that potentially toxic molds were growing throughout the building. The DRA ruled against tenants. They appealed and lost. The DHCR inspection showed that all of the hallway vents were working. Some apartments had nonworking kitchen or bathroom vents. Only tenants of these apartments were granted rent reductions. The DHCR's inspector found no proof of toxic mold. The DHCR also stated that it couldn't enforce the housing maintenance code requirements on ventilation. Tenants challenged the DHCR's ruling in court. The court sent the case back to the DHCR for further consideration. The DHCR again ruled against tenants. Unless DOB or HPD issued a violation, the DHCR wasn't able to make any technical finding about whether ventilation was adequate. There were no HPD or DOB violations issued for the building.

445 E. 80th St. Tenants Assn.: DHCR Adm. Rev. Dckt. No. TF410018RP (5/25/06) [6-pg. doc.]