New Conditions Irrelevant

The DRA reduced tenant's rent based on low water pressure in the toilet, loose wires in the hall light socket and bathroom wall fixtures, and water leaks around the kitchen sink. Landlord applied to restore the rent, claiming that it had corrected all of the conditions. A DHCR inspector found that the water pressure was okay, but that there were still loose wires in the light fixtures. The DRA granted a partial rent restoration, and landlord appealed. Landlord argued that tenant acknowledged that landlord had replaced the defective light fixtures, and that the defects noted by the inspector arose just two days before the inspection. The DHCR ruled for landlord, and ordered a complete rent restoration. The defects found by the inspector were new conditions that didn't relate to the problems underlying the original rent restoration application.

Nowak: DHCR Adm. Rev. Dckt. No. DL 220243-RO (8/4/94) [3-page document]