Landlord Cleared Up Mold Condition

Rent-stabilized tenant complained of a reduction in services due to a mold condition in her apartment. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Tenant argued that HPD had issued violations for mold contamination, the mold reappeared because landlord made only cosmetic repairs and failed to cure the source of the mold contamination, the DHCR's inspection took place shortly after landlord's cosmetic cleanup, and the DRA didn't address tenant's other complaints of surging water, improper painting, and water damage. But the DHCR inspected tenant's apartment three times and found no mold at the third visit. Review of HPD's Web site showed only that tenant filed complaints with that agency about mold; HPD never issued a violation for any mold condition. There was insufficient proof to support tenant's claim that mold recurred and was caused by improper facade pointing and leaks. And contrary to tenant's claim on appeal, her original complaint addressed only the mold condition.

Derrick: DHCR Adm. Rev. Docket No. AT210017RT (8/9/13) [3-pg. doc.]