Insufficient Extermination Efforts Bar Rent Restoration

LVT Number: #22083

Tenant complained about a reduction in services because there were mice in his apartment. The DRA ruled for tenant and reduced his rent. Landlord later asked for rent restoration based on the restoration of services. The DRA ruled against landlord, finding that there was still evidence of mice in the apartment. Landlord appealed and lost. Landlord claimed that it provided extermination service to the apartment, but that due to unsanitary conditions created by tenant, it was nearly impossible for the exterminator to perform his duties effectively.

Tenant complained about a reduction in services because there were mice in his apartment. The DRA ruled for tenant and reduced his rent. Landlord later asked for rent restoration based on the restoration of services. The DRA ruled against landlord, finding that there was still evidence of mice in the apartment. Landlord appealed and lost. Landlord claimed that it provided extermination service to the apartment, but that due to unsanitary conditions created by tenant, it was nearly impossible for the exterminator to perform his duties effectively. The DHCR’s inspector saw glue traps in the apartment, but also saw indications that mice remained as well. Tenant didn’t refuse the extermination service, and it was primarily landlord’s responsibility to exterminate rodents and other pests.

200 East 27th Street: DHCR Adm. Rev. Docket No. XA410012RO (5/14/09) [4-pg. doc.]

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