No Prior Notice to Landlord of Defective Condition

November 1, 2004

LVT Number: 17719

Tenant complained of a reduction in services. The DRA ruled for tenant. Landlord appealed, claiming that tenant didn't notify landlord in writing of defective conditions before filing her complaint. Tenant also didn't sign the complaint. Landlord also claimed that tenant didn't provide requested access for repairs. The DHCR ruled for landlord based on the procedural errors in the case. The services that the DRA found weren't maintained weren't conditions requiring emergency repairs or vacancy due to fire. So a prior letter to landlord describing the conditions was required.

Tenant complained of a reduction in services. The DRA ruled for tenant. Landlord appealed, claiming that tenant didn't notify landlord in writing of defective conditions before filing her complaint. Tenant also didn't sign the complaint. Landlord also claimed that tenant didn't provide requested access for repairs. The DHCR ruled for landlord based on the procedural errors in the case. The services that the DRA found weren't maintained weren't conditions requiring emergency repairs or vacancy due to fire. So a prior letter to landlord describing the conditions was required. Tenant didn't sign the complaint. And the DRA didn't schedule a no-access inspection.

Monte Carlo, LLC: DHCR Adm. Rev. Dckt. No. SE710058RO (9/15/04) [2-pg. doc.]

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