Renting Apartment "As Is" Doesn't Waive Right to Required Services

LVT Number: #19602

Tenant complained of a reduction in services based on a defective intercom. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that when tenant moved in, he signed a lease to accept the apartment in "as is" condition. The DHCR ruled against landlord. Rent Stabilization Code Section 2523.4 requires landlord to maintain all required services provided on the base date of May 31, 1968. Tenant's lease clause didn't waive the right to required services under the Code.

Tenant complained of a reduction in services based on a defective intercom. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that when tenant moved in, he signed a lease to accept the apartment in "as is" condition. The DHCR ruled against landlord. Rent Stabilization Code Section 2523.4 requires landlord to maintain all required services provided on the base date of May 31, 1968. Tenant's lease clause didn't waive the right to required services under the Code.

1944 Holding Ltd: DHCR Adm. Rev. Docket No. UJ610031RO (1/12/07) [3-pg. doc.]

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