DHCR Finds No Reduction in Services Despite Contrary HPD Report

Rent-stabilized tenant complained to the DHCR of a reduction in required services. Tenant claimed that a ceiling had collapsed in her bathroom and that cascading water had soaked electric fixtures. The DRA ruled against tenant and dismissed the complaint after inspection showed no proof of the claimed conditions. Tenant appealed and lost. Tenant pointed out that HPD had reported cascading water leaks in the apartment. But DHCR Policy Statement 90-2 permits the DHCR to rely on its own agency inspection concerning required services. The DHCR's inspector found no proof of a collapsed ceiling or cascading water, and provided photographs to the record. Landlord also had reported that it repaired the roof, which had caused leaks into tenant's apartment.

Hallums: DHCR Adm. Rev. Docket No. HR210035RT (8/11/20) [2-pg. doc.]