No Rent Reduction Where Elevators in Service on Inspection Date

Tenant complained of a reduction in building-wide services. She claimed that there was limited or no elevator service at the building. The DRA ruled against tenant after inspection showed that the two building elevators were working. Tenant appealed and lost. She argued that the elevators had been out of service or in limited service for over five months and that there should be a rent reduction for this period. Tenant filed her complaint on March 24, 2014. The DRA sent tenant’s complaint to landlord on May 14, 2014. So the earliest possible effective rent reduction date would have been June 1, 2014, which was the first rent payment date after landlord received notice of the complaint. The elevators were operational on the July 17, 2014, inspection date. The DRA correctly found no reduction in services based on its inspection.

Mickens: DHCR Adm. Rev. Docket No. CT210022RT (8/6/15) [2-pg. doc.]