Hallway Smoke Detectors Missing Batteries

LVT Number: #20777

Tenants complained of a reduction in building-wide services. Among other things, they said that hallway smoke detectors weren't working. The DRA ruled for tenants after inspection showed that batteries were missing from some of the smoke detectors on different floors. Landlord appealed, arguing that he didn't remove the smoke detector batteries. The DHCR ruled against landlord. Landlord was responsible for maintaining the smoke detectors. It didn't matter who may have removed the batteries. The DRA properly reduced tenants' rents for this reduction in services.

Tenants complained of a reduction in building-wide services. Among other things, they said that hallway smoke detectors weren't working. The DRA ruled for tenants after inspection showed that batteries were missing from some of the smoke detectors on different floors. Landlord appealed, arguing that he didn't remove the smoke detector batteries. The DHCR ruled against landlord. Landlord was responsible for maintaining the smoke detectors. It didn't matter who may have removed the batteries. The DRA properly reduced tenants' rents for this reduction in services.

Lopez: DHCR Adm. Rev. Docket No. WA230062RO (8/8/08) [3-pg. doc.]

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