DOHMH Ruling Didn't Bar Rent Reduction

LVT Number: #24550

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings of a poorly maintained garbage storage area and inoperative doorbells.  Landlord appealed and won, in part. It didn't matter, as landlord argued, that DOHMH inspection determined that garbage stored in the building hallway complied with DOHMH regulations. The DHCR relied on its own inspector's report and photographs, which showed inadequate maintenance in the garbage storage area.

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings of a poorly maintained garbage storage area and inoperative doorbells.  Landlord appealed and won, in part. It didn't matter, as landlord argued, that DOHMH inspection determined that garbage stored in the building hallway complied with DOHMH regulations. The DHCR relied on its own inspector's report and photographs, which showed inadequate maintenance in the garbage storage area. But landlord correctly pointed out that tenants hadn't complained about the doorbells. So the portion of the rent reduction order based on nonworking doorbells was revoked.

Ghotra: DHCR Adm. Rev. Docket No. ZE210015RO (10/12/12) [5-pg. doc.]

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