No Toxic Odor Detected During DHCR Inspection

Rent-stabilized tenant complained of a reduction in services. She claimed that there was a toxic, sewage-like odor in her apartment. The DRA ruled against tenant after inspection. Tenant appealed and lost. Tenant claimed that the inspector admitted having a sinus infection during inspection and therefore couldn't smell the odor, that the inspector should have tested the plumbing for leaks in exhaust pipes rather than rely on what he could smell, that the odor remained even after landlord repaired exposed pipe in the apartment, and that there was a structural problem with the building's plumbing and air ventilation system causing an odor in the stairwells and hallways. The DHCR found there was no proof that the inspector's sinus congestion caused any inability to detect an odor. Tenant admitted that landlord had repaired the pipe, so there was no reason for further inspection. The inspector also found no odor in the lobby directly below tenant's apartment, and tenant's complaint about odors outside her apartment was unrelated to her complaint.

Boerum: DHCR Adm. Rev. Docket No. ZC410021RT (3/16/12) [4-pg. doc.]