Rent Restored Based on One DHCR Elevator Inspection

Rent-stabilized tenant complained of a reduction in building-wide services based on elevator service issues. The DRA ruled for tenant and reduced her rent. The DRA later granted landlord’s application to restore rent based on the restoration of services. The DHCR’s inspector found that the elevator leveled properly on all floors. Tenant appealed and lost. Tenant claimed that elevator service was still intermittent, and that the elevator didn’t stop level on all floors consistently since tenants filed their complaint. But the DHCR said that it wasn’t the agency’s policy to conduct multiple inspections to verify a particular complaint and that it was proper for the DRA to rule on landlord’s rent restoration application based solely on its one inspection.

McGhee: DHCR Adm. Rev. Docket No. DR230027RT (2/5/16) [3-pg. doc.]