Prior Court Agreement Didn't Bar Rent Reduction

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant had signed a settlement agreement in a prior housing court nonpayment proceeding that already decided the question of whether there were any apartment repairs needed. The DHCR ruled against landlord. On March 25, 2008, the DHCR's inspector found leak stains on the walls and ceiling of tenant's second bedroom. No one provided a copy of the court agreement dated March 11, 2008, to the DRA. And while the preprinted portion of the court agreement stated that tenant acknowledged that the apartment was in satisfactory condition, the handwritten portion of the agreement required landlord to inspect and repair the roof. HPD also issued a violation on Feb. 4, 2008, based on a leaking roof and referred to leaking into tenant's apartment.

PR 247 Wadsworth LLC: DHCR Adm. Rev. Docket No. WF410050RO (9/12/08) [2-pg. doc.]