Preventing Water Leaks Not Essential Service

LVT Number: 18524

Landlord applied for MBR rent increases. The DRA ruled for landlord. Tenant appealed, claiming that there were water leaks and moisture penetrating into her apartment's ceilings and walls. So landlord improperly certified to the DRA that it maintained essential services. The DHCR ruled against tenant. For MBR purposes, preventing water leaks didn't qualify as an essential service because they didn't present a danger to tenant's health or safety.

Landlord applied for MBR rent increases. The DRA ruled for landlord. Tenant appealed, claiming that there were water leaks and moisture penetrating into her apartment's ceilings and walls. So landlord improperly certified to the DRA that it maintained essential services. The DHCR ruled against tenant. For MBR purposes, preventing water leaks didn't qualify as an essential service because they didn't present a danger to tenant's health or safety.

Cole: DHCR Adm. Rev. Dckt. No. SK420060RT (10/26/05) [2-pg. doc.]

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