Inoperative Vents in Majority of Apartments

LVT Number: 17631

Ninety-four tenants complained of a reduction in building-wide services. They claimed that the ventilation system in hallway common areas, as well as in kitchens and bathrooms, didn't work. Tenants submitted an engineer's report in support of their claim. After inspections, the DRA reduced the rents of 19 tenants. In the other apartments, either the vents were working or the inspector couldn't get access. Landlord appealed. Two of the apartments with nonworking kitchen vents had kitchen windows. Kitchen vents don't have to be operative if there is a kitchen win- dow.

Ninety-four tenants complained of a reduction in building-wide services. They claimed that the ventilation system in hallway common areas, as well as in kitchens and bathrooms, didn't work. Tenants submitted an engineer's report in support of their claim. After inspections, the DRA reduced the rents of 19 tenants. In the other apartments, either the vents were working or the inspector couldn't get access. Landlord appealed. Two of the apartments with nonworking kitchen vents had kitchen windows. Kitchen vents don't have to be operative if there is a kitchen win- dow. The DHCR ruled for landlord and revoked the rent reductions for these two apartments.

Clermont York Assocs.: DHCR Adm. Rev. Dckt. No. RJ410002RK (4/8/04) [5-pg. doc.]

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