Landlord Repaired Defective Conditions

LVT Number: 16939

The DRA denied landlord's application for MBR rent increases based on landlord's failure to pay the required fee. Landlord appealed and showed it had paid the fee. The DRA issued a new order granting the MBR increases. Tenant appealed, claiming that landlord wasn't entitled to the MBR increases because repairs were needed in her apartment. The DHCR ruled against tenant. Landlord submitted proof that the conditions tenant complained about had been repaired. And the MBR increase had been denied and then restored solely on the basis of landlord's payment of fees.

The DRA denied landlord's application for MBR rent increases based on landlord's failure to pay the required fee. Landlord appealed and showed it had paid the fee. The DRA issued a new order granting the MBR increases. Tenant appealed, claiming that landlord wasn't entitled to the MBR increases because repairs were needed in her apartment. The DHCR ruled against tenant. Landlord submitted proof that the conditions tenant complained about had been repaired. And the MBR increase had been denied and then restored solely on the basis of landlord's payment of fees. So tenant couldn't raise the repair issue at this point.

Kardisch: DHCR Adm. Rev. Dckt. No. QL420043RT (10/15/03) [2-pg. doc.]

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