Prior DHCR Compliance Inspection Found Services Restored

Tenants complained of a reduction in services. The DRA ruled for tenants and reduced their rents based on a finding that the lobby and rear exit of the building needed paint and plastering. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord, and landlord appealed. Before landlord applied for rent restoration, the DHCR had responded to tenants' complaint of noncompliance by inspecting the building. The DHCR's compliance inspection found that the rear exit and lobby were adequately painted and didn't contain peeling paint. Since the DHCR had already determined that landlord had already restored the services in question, the DRA should have granted landlord's rent restoration application. The second inspection was done after landlord's rent restoration application was filed and four years after the DHCR found that landlord had repaired the conditions. So any peeling paint and plaster at that point was a new condition.

Fairfield Towers Condominium: DHCR Adm. Rev. Dckt. No. QK230036RO (10/3/03) [3-pg. doc.]