Hardship Increases Revoked Due to Failure to Maintain Services

Landlord applied for hardship rent increases for a rent-controlled apartment in a co-op building. The DRA ruled for landlord. Tenant appealed, claiming that landlord didn't qualify for hardship increases because it didn't maintain essential services. The DHCR ruled for tenant and revoked the hardship increases. Tenant showed that in a recent nonpayment case, he had successfully raised the defense of breach of the warranty of habitability. The court had found that tenant's apartment had falling plaster, warped floorboards, shorting electrical boxes, cracked windows, and broken light switches.

1140 Fifth Ave.: DHCR Adm. Rev. Dckt. Nos. GH410055RT & GH410035RO (6/10/03) [4-pg. doc.]