Moisture Problem Not Corrected

LVT Number: 18730

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord. Although an inspection found no leak stains on the west-side dining room ceiling, there was moisture on the dining-room ceiling. Landlord appealed. The rent had been reduced based on the finding, ''dining room ceiling west-side leak damaged with stains and chipping paint.'' Landlord argued that the inspector's wet moisture meter reading was irrelevant. The DHCR ruled against landlord.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord. Although an inspection found no leak stains on the west-side dining room ceiling, there was moisture on the dining-room ceiling. Landlord appealed. The rent had been reduced based on the finding, ''dining room ceiling west-side leak damaged with stains and chipping paint.'' Landlord argued that the inspector's wet moisture meter reading was irrelevant. The DHCR ruled against landlord. Although there was no chipping paint and were no water stains at the time of inspection, the wet moisture reading showed that there was still an active leak. So rent restoration was properly denied.

Samson Mgmt. LLC: DHCR Adm. Rev. Dckt. No. TH710050RO (1/27/06) [2-pg. doc.]

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