Prior Inspection Showed No Garbage Accumulation

March 1, 1994

LVT Number: 8630

(Decision submitted by Manhattan attorney Eileen O'Toole, who represented the landlord.) Tenants complained of reduced services. The DRA reduced tenants' rents, based on a finding of accumulated garbage on the sidewalk. Landlord later filed an application to restore rents. A DHCR inspection in March 1993 showed there was still garbage on the sidewalk. The DRA ruled against landlord. Landlord appealed, arguing that the inspection was done so long after landlord's rent restoration application was filed that it was meaningless. Landlord also denied garbage accumulation.

(Decision submitted by Manhattan attorney Eileen O'Toole, who represented the landlord.) Tenants complained of reduced services. The DRA reduced tenants' rents, based on a finding of accumulated garbage on the sidewalk. Landlord later filed an application to restore rents. A DHCR inspection in March 1993 showed there was still garbage on the sidewalk. The DRA ruled against landlord. Landlord appealed, arguing that the inspection was done so long after landlord's rent restoration application was filed that it was meaningless. Landlord also denied garbage accumulation. The DHCR ruled for landlord. The DHCR's records showed that the DRA did a prior inspection in April 1992 and found no garbage accumulation. The DHCR couldn't explain why the first inspection report wasn't used.

Birdoff: DHCR Adm. Rev. Dckt. No. HE 430128-RO (2/8/94) [3-page document]

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