Inspection Found New Defects Not Mentioned in Complaint

(Decision submitted by Daniel Roskoff of the Queens law firm of Horing & Welikson, PC, attorneys for the landlord.) Tenants complained of a reduction in building-wide services based on a sunken floor slab and cracks in the wall of the building's community room. The DRA ruled for tenants based on an inspection that showed four other conditions in the community room. Landlord appealed and lost. Landlord then appealed the DHCR's ruling. The court ruled for landlord. Landlord wasn't given a chance to correct the additional conditions---missing floor tiles, holes in walls, holes around plumbing, and a foul odor---prior to issuance of the DRA's order. So the DHCR's order was arbitrary and unreasonable and was revoked.

Seashore Mgmt. Co. v. DHCR: Index No. 49787/97 (6/1/98) (Sup. Ct. Kings; Held, J) [5-pg. doc.]