Repairs Took Two Years to Complete

Tenant complained of a reduction in services based on damaged plaster around some windows due to leaking. The DRA ruled for tenant and reduced his rent, finding that landlord had taken more than two years to make requested repairs. Landlord appealed, arguing that it made diligent attempts to repair, but that tenant didn't provide access. Landlord pointed out that it had completed the repairs before the DRA's order was issued. Landlord also claimed that if the DRA couldn't determine at the time the order was issued if the leaks weren't going to recur, it should have delayed issuing the order until the apartment could be reinspected to see if the repairs had solved the leaking problem. The DHCR ruled for landlord in part. Repairs to the windows were completed on Sept. 9, 1998. So it was an error to rule on Sept. 17, 1998, that a rent reduction should continue beyond Sept. 9. If it was too soon to tell whether pointing done on the outside of the building would solve the leaking problem in tenant's apartment, the DRA should have waited until this could be determined.

London Terrace Assocs.: DHCR Adm. Rev. Dckt. No. MJ410045RO (3/18/99) [4-pg. doc.]