Landlord Didn't Complete Tenant's Repairs

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, attorneys for the landlord.) Tenants complained of a reduction in services based on building leaks and pointing defects. The DRA ruled for tenants. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord, finding that conditions still existed. Landlord appealed and lost. Engineer affidavits submitted by landlord were insufficient because neither stated that the conditions in question were investigated by the engineer and that the conditions no longer existed. So the DRA properly conducted its own inspection. An inspection found no repairs done to the building's exterior parapet south wall, and missing flashing and wall tar covering. Waterproofing material was missing on the north exterior wall, and there were cracks on the exterior wall top floor.

Samson Mgmt., LLC: DHCR Adm. Rev. Dckt. No. TI430036RO (4/13/06) [4-pg. doc.]