Elderly Tenant Can't Open Windows

April 1, 2001

LVT Number: 14885

Tenant complained of a reduction in services because she couldn't open or close her apartment's windows. An inspection showed no defect in the windows. The DRA ruled against tenant. She appealed, claiming that even though the DHCR inspector could open the windows, she was elderly and wasn't strong enough to do so. The DHCR ruled against tenant. For purposes of determining if required services were provided, landlord had to show only that an average person could open the windows without difficulty. Landlord wasn't required to provide special windows to tenant based on age or illness.

Tenant complained of a reduction in services because she couldn't open or close her apartment's windows. An inspection showed no defect in the windows. The DRA ruled against tenant. She appealed, claiming that even though the DHCR inspector could open the windows, she was elderly and wasn't strong enough to do so. The DHCR ruled against tenant. For purposes of determining if required services were provided, landlord had to show only that an average person could open the windows without difficulty. Landlord wasn't required to provide special windows to tenant based on age or illness.

Glagiola: DHCR Adm. Rev. Dckt. No. OH120008RT (12/14/00) [2-pg. doc.]

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