No Prior Notice Needed for Emergency Condition

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord pointed out that tenants didn't send landlord a letter listing the building's problems between 10 and 60 days before they filed their complaint, as required under the Tenant Protection Regulations. Landlord said tenants' complaint should have been dismissed for this reason. The DHCR said that tenants complained about the hazardous condition of the building's electrical system. Since this was an emergency condition, no prior notice to landlord was required. An inspector from the New York Board of Underwriters found that all of the apartments had multiple extension cords and that circuits were overloaded. The inspector's report also stated that the building's electric receptacles, breakers, and installations were not in compliance with municipal standards. The DRA had correctly determined that there was a reduction in services.

Datz: DHCR Adm. Rev. Docket No. TJ710007RO (9/8/06) [3-pg. doc.]