DHCR Inspection Finds No Lead Paint Dust in Apartment

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent to $1 per month because landlord had failed to provide for the safe removal and containment of lead paint contamination throughout the apartment. The DRA later denied landlord's first application to restore rent but granted landlord's second application for rent restoration based on the restoration of services. Tenant sought reconsideration, and the DRA then revoked the rent restoration. Tenant's lead testing contractor had found unacceptable lead levels in the apartment. Landlord filed a third rent restoration application, stating that it had tested all surfaces and found no lead paint hazard. The DRA ruled for landlord. Tenant appealed, claiming that there was still a lead paint issue in the apartment. The DHCR ordered an independent inspection by a lead testing company and found no lead paint dust. The DHCR then ruled for landlord and restored tenant's rent. The DHCR noted that there was no lead paint violation on record with the local health agency for tenant's apartment.

Stellar 117 Garth, LLC/Szewczuk: DHCR Adm. Rev. Docket Nos. BM910013RP, AR910009RO, AR910026RT (4/4/14) [9-pg. doc.]