Recurring Water Damage Wasn't Corrected

Rent-stabilized tenant complained of defective conditions her bathroom and kitchen, including water damage to the kitchen ceiling. The DRA ruled for tenant and reduced her rent. Landlord appealed. Landlord claimed that repairs were made on Sept. 3, 2009, and tenant signed off on them. Four and one-half months later, a new problem occurred when a wasteline in an upstairs apartment ruptured. This caused a flood to tenant's apartment. Landlord repaired the wasteline the next day. Landlord claimed that tenant denied access until after the DHCR inspection. Landlord said repairs of the new conditions were completed on March 8, 2010, and tenant made no new complaint about leaks between September 2009 and January 2010. The DHCR ruled against landlord. Tenant filed her complaint on May 6, 2009. Landlord answered in September 2009, claiming that all repairs were done. But tenant replied in January 2010 and said there was more flooding the week before and that the water damage was recurring. The DHCR inspected in February 2010 and found several holes in the kitchen ceiling, along with leak stains.

1705 & 1715 Caton Associates, LLC: DHCR Adm. Rev. Docket No. YC210044RO (7/29/10) [2-pg. doc.]