Landlord Didn't Repair Ceiling Leaks

June 30, 2000

LVT Number: 14251

Facts: Rent-stabilized tenant complained of a reduction in services. He claimed that for 15 years, his living room ceiling leaked every time it rained and that landlord wouldn't fix it. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration, claiming that the leak was fixed. The DHCR ruled against landlord, and landlord appealed to the court, claiming that the DHCR's decision was unreasonable. Court: Landlord loses. The DHCR's decision was reasonable. Landlord made only cosmetic repairs, such as painting and plastering.

Facts: Rent-stabilized tenant complained of a reduction in services. He claimed that for 15 years, his living room ceiling leaked every time it rained and that landlord wouldn't fix it. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration, claiming that the leak was fixed. The DHCR ruled against landlord, and landlord appealed to the court, claiming that the DHCR's decision was unreasonable. Court: Landlord loses. The DHCR's decision was reasonable. Landlord made only cosmetic repairs, such as painting and plastering. The leak was still occurring, and landlord made no attempt to locate the source of the long-standing problem.

Cadillac Leasing L.P. v. DHCR: NYLJ, 6/7/00, p. 32, col. 1 (Sup. Ct. Queens; Milano, J)

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