Prior Notice Not Required for Emergency Condition

Tenant complained of a reduction in services based on cracks in the bathroom ceiling. The DRA ruled for tenant after an inspection found the bathroom ceiling to be bulging, cracking, and in danger of falling. There were also cracks and peeling paint on the bathroom and living room walls. Landlord appealed, claiming that tenant's prior notice letter didn't give landlord adequate notice of the condition complained of, since it was sent only seven days before tenant filed her complaint. The DHCR ruled against landlord. Generally, Rent Stabilization Code Section 2523.4(c) requires tenants to send landlord a letter between 10 and 60 days before filing a service complaint. But the Code also provides that such notice isn't required for conditions requiring emergency repairs. Tenant's complaint stated that the condition was an emergency because 15 gallons of water had fallen into the apartment over the course of four days.

780 PP LLC: DHCR Adm. Rev. Dckt. No. TB610012RO (6/9/05) [3-pg. doc.]