Landlord Proves Services Restored

January 1, 2011

LVT Number: #23135

Tenant complained of a reduction in services. The DRA reduced tenant's rent based on an inspection showing that the kitchen window bottom frame was broken. Landlord later sought rent restoration based on the restoration of services. The DRA ruled against landlord because re-inspection showed that the kitchen window didn't lock properly. Landlord appealed and won. As landlord pointed out, there was no claim about the window lock in tenant's original complaint, and the DRA's original inspection didn't report any defects to the closing or locking of the kitchen window.

Tenant complained of a reduction in services. The DRA reduced tenant's rent based on an inspection showing that the kitchen window bottom frame was broken. Landlord later sought rent restoration based on the restoration of services. The DRA ruled against landlord because re-inspection showed that the kitchen window didn't lock properly. Landlord appealed and won. As landlord pointed out, there was no claim about the window lock in tenant's original complaint, and the DRA's original inspection didn't report any defects to the closing or locking of the kitchen window. Tenant's rent was restored.

71-10 65th Place: DHCR Adm. Rev. Docket No. YF110042RO (11/5/10) [2-pg. doc.]

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