Leak Damage Was New Condition

Tenant complained of reduced services, claiming that her apartment hadn't been painted in five years and that her leak-damaged ceiling had been replastered but not repainted. Landlord argued that it had completed all repairs. The DRA cut tenant's rent based on a DHCR inspection, which showed that the apartment wasn't painted after the replastering. Landlord appealed, arguing that tenant had stated that the work had been completed. Landlord also claimed that there was another leak in tenant's apartment shortly before the inspection. Landlord repaired the newly damaged area after it had dried out. The DHCR ruled for landlord. The conditions cited in the DRA's order weren't the ones tenant complained of. The water damage the inspector saw came from a new condition, and landlord was in the process of repairing it when the inspection took place.

Argo Corporation: DHCR Adm. Rev. Dckt. No. CI 420220-RO (9/7/94) [3-page document]