Landlord Can't Repair Floor Without DOB Permit

LVT Number: #24054

Rent-stabilized tenant complained of a reduction in services based on defects in apartment-wide floor leveling. The DRA ruled for tenant and reduced his rent. Landlord later sought rent restoration, claiming that tenant unreasonably denied access to make repairs. The DRA ruled against landlord. Landlord appealed and lost. Landlord had started repairs during a no-access inspection ordered by the DHCR. But tenant's architect then documented problems resulting from the work landlord performed. DOB also had issued a violation to landlord for performing the work in question without a permit.

Rent-stabilized tenant complained of a reduction in services based on defects in apartment-wide floor leveling. The DRA ruled for tenant and reduced his rent. Landlord later sought rent restoration, claiming that tenant unreasonably denied access to make repairs. The DRA ruled against landlord. Landlord appealed and lost. Landlord had started repairs during a no-access inspection ordered by the DHCR. But tenant's architect then documented problems resulting from the work landlord performed. DOB also had issued a violation to landlord for performing the work in question without a permit. Tenant then refused access for continued work without the required permit. Therefore, landlord's rent restoration application was properly denied.

Manhattan Triad Assoc., LLC: DHCR Adm. Rev. Docket No. ZD410006RO (3/9/12) [3-pg. doc.]

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