Landmark Status No Excuse for Not Repairing Balcony Door

March 7, 2007

LVT Number: 19380

Tenant complained of a reduction in services based on defective balcony doors. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that it could not work on the balcony doors without approval of the Landmarks Preservation Commission because the building was a landmark. The DHCR said landlord didn't raise this issue before the DRA and couldn't raise it for the first time on appeal.

Tenant complained of a reduction in services based on defective balcony doors. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that it could not work on the balcony doors without approval of the Landmarks Preservation Commission because the building was a landmark. The DHCR said landlord didn't raise this issue before the DRA and couldn't raise it for the first time on appeal.

Residential Mgmt. Inc.: DHCR Adm. Rev. Docket No. UH410022RO (12/15/06) [2-pg. doc.]

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