Rent Reduced Due to Recurring Bathroom Ceiling Leak

Rent-stabilized tenant complained of a reduction in apartment services based on a water leak in her bathroom and defective bathroom ceiling. Landlord claimed that tenant had filed a court proceeding about the same conditions and that, under a court settlement agreement, landlord had scheduled repairs for Jan. 12-15, 2015. In May 2015, the DHCR conducted an inspection and found water stains on the bathroom ceiling near the riser pipe. The DRA then ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that the current bathroom ceiling stain was a new condition not due to the original leak that tenant had complained about. Tenant responded that the bathroom leak had been an ongoing problem.

The DHCR found that landlord failed to maintain required services and that tenant’s rent was properly reduced. The fact that the ceiling was repaired prior to DHCR inspection and that the condition reoccurred was irrelevant. Tenant hadn’t withdrawn her complaint after landlord’s January 2015 repairs and landlord had a continuing duty to maintain the bathroom ceiling. Landlord also didn’t appear at the DHCR’s inspection although invited to do so.

Interactive Realty, LLC: DHCR Adm. Rev. Docket No. DS610003RO (1/7/16) [3-pg. doc.]