Landlord Responsible for Cost of Shower Knob

Tenant complained of a rent overcharge. She claimed that landlord was billing her $65 for a shower knob handle installed in July 2006. Tenant claimed that the knob installed by landlord was installed improperly and broke off. Tenant then paid $14 for a new shower head. The DRA ruled for tenant and found that charging tenant for this item was an overcharge. Landlord appealed, claiming that a clause in tenant's lease said that tenant must pay for landlord's expenses arising from negligent acts by tenant. Landlord claimed that tenant broke the shower knob. The DHCR ruled against landlord. The Tenant Protection Regulations require landlord to maintain apartment services, such as proper functioning of a shower knob. Landlord and tenant disputed who was responsible for breaking the old fixture, and it was beyond the DHCR's authority to determine who caused the damage.

New Haven Place: DHCR Adm. Rev. Docket No. WB710044RO (6/3/08) [3-pg. doc.]