Rent Restoration Revoked Based on Poor Workmanship

LVT Number: #24015

Rent-stabilized tenant complained of a reduction in services based on defective windows. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord and restored tenant's rent. Tenant then appealed, claiming that services weren't restored. Landlord pointed out that tenant had signed a consent statement on landlord's application form, indicating that repairs had been completed. The DHCR ruled for tenant.

Rent-stabilized tenant complained of a reduction in services based on defective windows. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled for landlord and restored tenant's rent. Tenant then appealed, claiming that services weren't restored. Landlord pointed out that tenant had signed a consent statement on landlord's application form, indicating that repairs had been completed. The DHCR ruled for tenant. After signing the consent form, tenant discovered that although the windows in question no longer had loose frames or air seepage, the sashes of both windows were stuck and the windows couldn't be opened and locked. Therefore, landlord's repairs weren't performed in a workmanlike manner, and the rent restoration was revoked.

81-97 Crooke Avenue, LLC: DHCR Adm. Rev. Docket No. ZC210034RO (2/24/12) [2-pg. doc.]

Downloads

ZC210034RO.pdf66.53 KB