No Proof that Tenant Caused Damage

December 1, 2002

LVT Number: 16275

Tenant complained of a reduction in services due to a bulge in the kitchen wall and holes in the kitchen floor. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant prevented landlord from making repairs, that the bulge was supposed to be in the wall because there were pipes behind it, and that tenant's illegal dishwasher caused the holes in the floor. The DHCR ruled against landlord. There was no proof presented that tenant had an illegal dishwasher or that it caused the holes in the floor.

Tenant complained of a reduction in services due to a bulge in the kitchen wall and holes in the kitchen floor. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant prevented landlord from making repairs, that the bulge was supposed to be in the wall because there were pipes behind it, and that tenant's illegal dishwasher caused the holes in the floor. The DHCR ruled against landlord. There was no proof presented that tenant had an illegal dishwasher or that it caused the holes in the floor. And there was no proof that pipes caused the bulging in the kitchen wall.

Valencia: DHCR Admin. Rev. Dckt. No. QG410062RO (11/14/02) [3-pg. doc.]

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