DHCR Mistakenly Reduced Rent Based on Repaired Conditions

Rent-stabilized tenant complained of a reduction in services based on various apartment conditions. The DRA ruled for tenant, based on inspections that found that the second bedroom and living room required painting, that the apartment entry door wasn't self-closing, that the bathroom shower door was off-track, and that there was a defective floor/covering in front of the door to the third bedroom. All other services were found to be maintained. Both sides appealed. Tenant claimed other conditions listed in his complaint remained unrepaired. Landlord claimed that the cited conditions had been maintained. The DRA ruled for landlord and against tenant. At the time of the September 2018 DHCR inspection, and despite tenant's claims, the intercom had no defects and there was no proof of a crack on the wall above the kitchen entrance. However, in separate DRA orders, conditions cited in the DRA's order were found to be corrected by a DHCR inspection report dated Oct. 11, 2018, which was 11 days before the rent reduction order was issued. A follow-up DHCR inspection done in December 2019 confirmed that conditions all were repaired. The rent reduction was revoked.

Garcia/Fontana LLC: DHCR Adm. Rev. Docket Nos. GW110038RT, GW110040RO (12/17/19) [4-pg. doc.]