HPD Violations on Record Regarding Mold Condition

Tenant complained of a reduction in services based on a mold condition. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord because there were still HPD violations on record regarding the mold condition. Landlord appealed, claiming that the mold had been removed. Landlord argued that whether HPD violations had been removed yet didn't matter. The DHCR ruled against landlord. The rent reduction was granted based on the HPD violations because the DHCR doesn't have the expertise to determine by inspection if mold is hazardous. So the DHCR must rely on HPD's records, and the rent couldn't be restored until the HPD violations were removed.

157 East 57th St. LLC: DHCR Adm. Rev. Dckt. No. SD410044RO (9/16/04) [2-pg. doc.]