Landlord Claims Tenant Caused Damage

December 1, 2006

LVT Number: 19310

Tenant complained of a reduction in services based on several apartment conditions. He claimed that a window was defective and that other repairs were needed. The DRA ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant deliberately caused the damage to the apartment, so there should be no rent reduction. The DHCR said there was insufficient proof that tenant had caused damages found by the DHCR inspector.

Tenant complained of a reduction in services based on several apartment conditions. He claimed that a window was defective and that other repairs were needed. The DRA ruled for tenant. Landlord appealed and lost. Landlord claimed that tenant deliberately caused the damage to the apartment, so there should be no rent reduction. The DHCR said there was insufficient proof that tenant had caused damages found by the DHCR inspector. If warranted, landlord could sue to evict tenant under Rent Stabilization Code Section 2524.3 for maliciously or negligently causing substantial damage to his apartment.

Carcon LLC: DHCR Adm. Rev. Docket No. UF110036RO (10/13/06) [2-pg. doc.]

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