Mold Condition in Tenant's Apartment

Tenant complained of a reduction in services based on a mold condition in her apartment. Tenant claimed that it made the apartment uninhabitable. The DRA and DHCR ruled for tenant and reduced her rent to $1.00 per month. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The DHCR had relied on findings made by the City of White Plains Building Department. Landlord claimed that the Building Department had no authority to make a final determination concerning the fitness of an apartment for occupancy, and there was no proof before the DHCR of any such finding. The court revoked the rent reduction and sent the case back for reconsideration because there was insufficient proof to support the DHCR's decision. On reconsideration, the DHCR ruled that tenant was entitled to only a one-guideline rent reduction. The Building Department had issued only a letter stating that tenant's apartment was "unfit for occupancy." There was no hazardous violation placed on the apartment. And the DHCR didn't have the expertise to determine whether a mold condition was serious enough to render tenant's apartment uninhabitable.

Franklin Avenue Associates: DHCR Adm. Rev. Docket No. VJ910011RP (11/6/07) [6-pg. doc.]