DHCR Incorrectly Denied Rent Restoration

LVT Number: #29955

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a finding that peeling paint was on the ceiling between the third and fourth floors of the building. Landlord later applied for rent restoration. The DRA ruled against landlord, finding that landlord had only partially restored services. Landlord appealed and won. The DHCR's inspector had found unworkmanlike repairs. But the complaint was about peeling paint and the inspector found no evidence of peeling paint.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a finding that peeling paint was on the ceiling between the third and fourth floors of the building. Landlord later applied for rent restoration. The DRA ruled against landlord, finding that landlord had only partially restored services. Landlord appealed and won. The DHCR's inspector had found unworkmanlike repairs. But the complaint was about peeling paint and the inspector found no evidence of peeling paint. And any unworkmanlike repairs found in the building were in another area, not between the third and fourth floors. Since landlord had repaired the peeling paint issue, the rents were restored.

57-63 Wadsworth LLC: DHCR Adm. Rev. Docket No. GM410027RO (12/14/18) [3-pg. doc.]

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