New Conditions Irrelevant

LVT Number: 10065

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord applied to restore the rent after making repairs. The DRA ruled against landlord because tenant stated some conditions still needed repair. Landlord appealed, pointing out that the conditions tenant now complained of weren't part of the original complaint and rent reduction order. The DHCR ruled for landlord. In response to landlord's application to restore rent, tenant commented about two conditions which weren't a basis for the rent reduction.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord applied to restore the rent after making repairs. The DRA ruled against landlord because tenant stated some conditions still needed repair. Landlord appealed, pointing out that the conditions tenant now complained of weren't part of the original complaint and rent reduction order. The DHCR ruled for landlord. In response to landlord's application to restore rent, tenant commented about two conditions which weren't a basis for the rent reduction. Tenant didn't otherwise take back her consent to the rent restoration, which she had given in writing when landlord made repairs. The new conditions were caused by a flood in the upstairs tenant's apartment and occurred after landlord filed its application to restore rent.

Sumkin: DHCR Adm. Rev. Dckt. No. EC 610039 RO (6/29/95) [3-page document]

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