Lease Agreement to Take Apartment `As Is' Not Binding

Tenant complained of a reduction in services. He said that his intercom didn't work, a tile strip was missing from a top portion of the bathtub, and a hallway light fixture didn't work. The DRA ruled for tenant after an inspection confirmed the conditions. Landlord appealed and lost. Landlord claimed that tenant knew these conditions existed when he signed his initial lease. The lease agreement stated that tenant would accept the apartment ``as is.'' Landlord argued that tenant's complaint, therefore, should have been dismissed. The DHCR said landlord raised this issue for the first time on appeal. When landlord first answered tenant's complaint, landlord claimed that repairs had been made. In addition, repairs and maintenance, as well as the provision of adequate lighting, are required services under the Rent Stabilization Code. Tenant didn't waive his rights to required services by signing the lease agreement.

1944 Holding Ltd.: DHCR Adm. Rev. Docket No. UJ610031RO (1/12/07) [3-pg. doc.]