New Defects Irrelevant

(Decision submitted by Bronx attorney Jeffrey F. Cohen, who represented the landlord.) Tenants complained of a reduction in building-wide services based on a number of conditions. The DRA ruled for tenants and reduced their rents. Landlord later applied to get the rents restored based on restoration of services. The DRA ruled against landlord, finding that there were still problems with the intercoms, roof door alarm locks, and hallway steps. Landlord appealed and won. The intercom defects found by the DHCR's inspector in response to landlord's rent restoration application didn't match the defects tenants originally complained about. Landlord's proof of purchase of roof door alarm locks was sufficient proof that landlord had repaired the roof door locks. The inspector's original report of defective stairs was so unclear that it couldn't be determined whether these defects were the same as those found in the second inspection report.

S. Nezaj Realty Corp.: DHCR Adm. Rev. Dckt. No. ML530003RP (1/21/99) [4-pg. doc.]