DHCR May Have Inspected Wrong Staircase

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane and Schwartz-Sidrane, LLP, attorneys for the landlord.) Tenants complained of a reduction in services based on defects in a building staircase. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord. The DHCR's inspector had taken photographs showing that the stairs hadn't been repaired. Landlord appealed, claiming that the inspector took photos of the front stairs in the building. But tenants had complained about the rear stairs, which had been repaired. Landlord had submitted to the DRA copies of invoices from an ironworks firm showing that it spent $20,000 on repairs. Landlord also submitted with its PAR an engineer's affidavit, stating that he had inspected both staircases and that the DHCR had inspected the wrong set of steps. The DHCR ruled for landlord and reopened the case. There was a strong possibility that the agency inspected the wrong set of stairs. The case was sent back to the DRA for reinspection.

35 LLC: DHCR Adm. Rev. Docket No. VI430060RO (2/22/08) [5-pg. doc.]