Rent Restoration Denied After Inspection Showed New Potholes in Parking Lot

Tenants complained of a reduction in building-wide services based on defects in the building's parking lot pavement. The DRA ruled for tenants and reduced their rents. Landlord later requested rent restoration based on a restoration of services. The DRA ruled against landlord, who appealed and lost. Landlord submitted photos showing that the parking lot was repaired by resurfacing potholes with new tar and asphalt, and that landlord had hired an independent architectural firm to assess the condition. Landlord argued that any potholes found upon DHCR inspection three months after conditions were repaired constituted a new condition. But the DHCR found that new potholes at that point showed that the repair work done was performed in an unworkmanlike manner. So, the rent restoration application was properly denied.

Manchester I, LLC: DHCR Adm. Rev. Docket No. GQ730045RO (7/2/19) [3-pg. doc.]