Mold Condition Doesn't Make Apartment Uninhabitable

Tenant complained of a reduction in services based on mold and fungus in the apartment. The DRA ruled for tenant and reduced his rent by one rent guideline. Tenant appealed, claiming that the apartment was uninhabitable and that his rent should be reduced to $1.00 per month. The DHCR ruled against tenant. There was no finding by the inspector that the apartment was uninhabitable. HPD had placed violations on the apartment for the mold condition but didn't issue a vacate order. And in a nonpayment case where tenant raised the mold issue, there was no finding by the court that the apartment was uninhabitable.

Birrenbach: DHCR Adm. Rev. Dckt. No. QJ410053RT (2/21/03) [3-pg. doc.]