DRA Needn't Send Landlord Inspection Report Before Finding Reduction in Services

LVT Number: #27535

Tenant complained of a reduction in services based on a defective apartment entry door chain guard, and window pane and sash defects. The DRA ruled for tenant and reduced his rent. Landlord appealed and won in part. Landlord complained that it didn’t receive a copy of the DHCR’s inspection report before the DRA issued an order, and that the change in the building entrance door locking system to require nonduplicable keys wasn’t a decrease in services.

Tenant complained of a reduction in services based on a defective apartment entry door chain guard, and window pane and sash defects. The DRA ruled for tenant and reduced his rent. Landlord appealed and won in part. Landlord complained that it didn’t receive a copy of the DHCR’s inspection report before the DRA issued an order, and that the change in the building entrance door locking system to require nonduplicable keys wasn’t a decrease in services. But the DRA wasn’t required to serve copies of its inspection reports prior to the issuance of a rent reduction order. Landlord correctly pointed out that the DRA incorrectly included this building-wide service deficiency in the order concerning apartment conditions. That issue was addressed separately in another complaint involving building-wide services.

 

 

Kosova Properties Inc.: DHCR Adm. Rev. Docket No. ET410011RO (12/22/16) [4-pg. doc.]

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