Lead Paint Condition

LVT Number: 13581

Tenant complained of a reduction in services based on a lead paint condition in his apartment. The DRA dismissed tenant's complaint and said that tenant should file his complaint with DEP. Tenant appealed, arguing that the DHCR should consider his complaint because this was an extremely hazardous condition that made his apartment uninhabitable. The DHCR ruled against tenant. Inspection of lead paint conditions required experience and facilities that the DHCR didn't have and DEP did. In addition, a lead paint condition was a pre-existing condition, not a reduction in services.

Tenant complained of a reduction in services based on a lead paint condition in his apartment. The DRA dismissed tenant's complaint and said that tenant should file his complaint with DEP. Tenant appealed, arguing that the DHCR should consider his complaint because this was an extremely hazardous condition that made his apartment uninhabitable. The DHCR ruled against tenant. Inspection of lead paint conditions required experience and facilities that the DHCR didn't have and DEP did. In addition, a lead paint condition was a pre-existing condition, not a reduction in services.

Scheinker: DHCR Adm. Rev. Dckt. No. MG410130RT (7/14/99) [2-pg. doc.]

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