Landlord Didn't Restore Hallway Carpets to Clean Condition

LVT Number: #24760

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord later sought the restoration of rents based on the claimed restoration of services. The DHCR ruled against landlord, who appealed and won in part. The DRA's inspector had found the sixth-floor ceiling/wall above apartment 6K was blistered, with peeling paint and plaster. But this condition wasn't the subject of tenants' complaint. Only the sixth-floor ceiling in the stairwell area mattered.

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord later sought the restoration of rents based on the claimed restoration of services. The DHCR ruled against landlord, who appealed and won in part. The DRA's inspector had found the sixth-floor ceiling/wall above apartment 6K was blistered, with peeling paint and plaster. But this condition wasn't the subject of tenants' complaint. Only the sixth-floor ceiling in the stairwell area mattered. So this wasn't grounds to refuse rent restoration. But filthy conditions remained with the hallway carpeting, so landlord's application was properly denied as cleaning was still needed.

3010 Grand Concourse: DHCR Adm. Rev. Docket No. AM610015RO (2/7/13) [3-pg. doc.]

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