New Window Defects Don't Count

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) The DRA reduced tenant's rent for reduced services based on a finding of defects in the wood windows. Landlord applied to restore the rent based on replacement of the wood windows with new aluminum windows. An inspection found defects in the new windows. So the DRA ruled against landlord and refused to restore tenant's rent. Landlord appealed, arguing that any defects in the new windows weren't the same conditions for which the rent had originally been reduced. The DHCR ruled for landlord. Landlord had responded to tenant's original complaint and replaced the windows. Any defects in the new windows couldn't be considered. A rent restoration proceeding is limited to consideration of whether landlord addressed and eliminated conditions giving rise to the rent reduction.

Nagel: DHCR Adm. Rev. Dckt. No. HG 410116 RO (3/31/95) [2-page document]