Peeling Bathtub Paint

LVT Number: 9234

Tenant complained of reduced services. The DHCR ordered a no-access inspection at which time the inspector, landlord, landlord's repairmen, and tenant were present. The inspector reported that the defects were corrected, except for peeling paint on the bathtub. The DRA cut tenant's rent, and landlord appealed. The DHCR ruled for landlord. He'd cooperated by bringing a repairman to the inspection, and had corrected all defects except one. Given landlord's show of good faith, the DRA should have given landlord a chance to resurface the bathtub before ordering a rent cut.

Tenant complained of reduced services. The DHCR ordered a no-access inspection at which time the inspector, landlord, landlord's repairmen, and tenant were present. The inspector reported that the defects were corrected, except for peeling paint on the bathtub. The DRA cut tenant's rent, and landlord appealed. The DHCR ruled for landlord. He'd cooperated by bringing a repairman to the inspection, and had corrected all defects except one. Given landlord's show of good faith, the DRA should have given landlord a chance to resurface the bathtub before ordering a rent cut.

Maxwell: DHCR Adm. Rev. Dckt. No. DF 610204-RO (9/23/94) [2-page document]

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