Intercom System Still Defective

LVT Number: #25328

Tenants complained of a reduction in building-wide services based on a defective intercom bell/buzzer system. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord, who appealed and lost. DHCR inspection had shown that eight out of 15 apartments had defective intercoms. Landlord argued that the rents for the other seven units should have been restored because tenants in those units didn't provide access for inspection, so service should be presumed to have been restored.

Tenants complained of a reduction in building-wide services based on a defective intercom bell/buzzer system. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord, who appealed and lost. DHCR inspection had shown that eight out of 15 apartments had defective intercoms. Landlord argued that the rents for the other seven units should have been restored because tenants in those units didn't provide access for inspection, so service should be presumed to have been restored. But, given that eight of the 15 apartment intercoms were still defective, landlord failed to show that the necessary repairs to the intercom system had been performed.

Douglas Elliman Property Management: DHCR Adm. Rev. Docket No. BR430027RO (12/13/13) [3-pg. doc.]

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