Mildew Problems Weren't Relevant to Tenant's Complaint

LVT Number: 13585

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied to restore the rent based on restoration of services. The DRA ruled for landlord, and tenant appealed, arguing that the DHCR's inspector noted severe mildew and mold on a wall and ceiling of her apartment, so the rent shouldn't have been restored. The DHCR ruled against tenant. The DHCR had already ruled, in a prior rent restoration case, that the mold and mildew condition had been repaired.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied to restore the rent based on restoration of services. The DRA ruled for landlord, and tenant appealed, arguing that the DHCR's inspector noted severe mildew and mold on a wall and ceiling of her apartment, so the rent shouldn't have been restored. The DHCR ruled against tenant. The DHCR had already ruled, in a prior rent restoration case, that the mold and mildew condition had been repaired. Landlord's more recent rent restoration was concerned with other services, which had been restored. If there was mold and mildew in tenant's apartment again, this was a new condition and wasn't relevant to the complaint upon which the rent restoration was based.

Gillisslee: DHCR Adm. Rev. Dckt. No. ND210062RT (8/12/99) [2-pg. doc.]

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