Rent Reduced for Defective Terrace

Rent-stabilized tenant complained of a reduction in services. He claimed that a portion of his terrace had fallen off two years earlier and that landlord was just beginning repairs. Landlord claimed that repairs were completed, but tenant responded that water pooled up on the terrace whenever it rained or snowed. The DRA ruled for tenant and reduced his rent. Landlord appealed. Landlord argued that tenant didn't actually complain about water accumulation. Also, when the DHCR inspected, landlord was in the process of restoring terraces and balconies at the building. Landlord claimed that it was the DHCR's policy not to issue a rent reduction order while an MCI project was underway. The DHCR ruled against landlord. Inspection confirmed water accumulation on the terrace, apparently caused by a clogged drain while landlord was replacing terraces above and below tenant's. And tenant's complaint about terrace repairs did include claims about the water accumulation.

120 Pelham Road: DHCR Adm. Rev. Docket No. YF910007RO (11/10/10) [3-pg. doc.]