Rent Reduced for Window Air Seepage

Tenant complained of a reduction in services based on window conditions. The DRA ruled for tenant and reduced his rent. Landlord later sought rent restoration based on the restoration of services. The DRA ruled against landlord. Although the handles in the living room window were found to be fixed, there was air seepage through the casement window and air conditioner. Tenant appealed, claiming that the left window handle still fell apart when turned, and that the air draft came in through the window, not through the air conditioner. The DHCR ruled against tenant. Tenant never disputed landlord's rent restoration application claim that the window handles had been fixed. And the DHCR's inspector found that there was air seepage near the lower part of the metal casement frame, in addition to air penetration at the top of the window near the air conditioner.

Abdow: DHCR Adm. Rev. Docket No. XA410033RT (6/19/09) [2-pg. doc.]