Second Inspection Not Required

LVT Number: 12109

Tenant complained of a reduction in building-wide services, claiming that the lobby wasn't painted. Landlord answered, stating that the work had been done. The DRA sent tenant a copy of landlord's answer and asked if the condition still existed. Tenant didn't check any boxes on the form but stated that only the window sills needed painting. This wasn't one of the complaint items. Still, the DRA sent an inspector and, based on the inspection, the DRA reduced tenant's rent.

Tenant complained of a reduction in building-wide services, claiming that the lobby wasn't painted. Landlord answered, stating that the work had been done. The DRA sent tenant a copy of landlord's answer and asked if the condition still existed. Tenant didn't check any boxes on the form but stated that only the window sills needed painting. This wasn't one of the complaint items. Still, the DRA sent an inspector and, based on the inspection, the DRA reduced tenant's rent. Landlord appealed, claiming that since tenant's reply to the DRA's request for information hadn't indicated that any of the complained-of conditions still existed, the complaint should have been dismissed. The DHCR ruled for landlord and revoked the rent cut.

Northwestern Realty Co.: DHCR Adm. Rev. Dckt. No. LH230021RP (9/26/98) [2-page document]

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