Landlord Submitted Affidavit of Licensed Engineer

LVT Number: 17833

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a reduction in janitorial services. Landlord later applied for rent restoration based on restoration of services. Landlord submitted the affidavit of a licensed engineer confirming landlord's claim. The DRA ruled for landlord. Tenants appealed and lost. Landlord is permitted by rent stabilization code to submit the affidavit of a licensed architect or engineer to prove restoration of services.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a reduction in janitorial services. Landlord later applied for rent restoration based on restoration of services. Landlord submitted the affidavit of a licensed engineer confirming landlord's claim. The DRA ruled for landlord. Tenants appealed and lost. Landlord is permitted by rent stabilization code to submit the affidavit of a licensed architect or engineer to prove restoration of services. Tenants can then submit an affidavit from their own expert if they find contrary facts. Tenants didn't do so in this case, so the services presumably were restored.

Various Tenants of 222/224 Thompson Tenants Assn.: DHCR Adm. Rev. Dckt. No. SG430002RT (11/5/04) [3-pg. doc.]

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