Services Restored by Time of DHCR Inspection

LVT Number: #20913

Tenants complained of a reduction in building-wide services based on a number of conditions. The DRA ruled against tenants and dismissed their complaint after a DHCR inspection. Tenants appealed, claiming that they should be compensated for the months that they didn't have the services. They also claimed that there were still problems with the hallway janitorial service, inconsistent heat, the freight elevator being out of service for six months, and fire escapes not properly repaired.

Tenants complained of a reduction in building-wide services based on a number of conditions. The DRA ruled against tenants and dismissed their complaint after a DHCR inspection. Tenants appealed, claiming that they should be compensated for the months that they didn't have the services. They also claimed that there were still problems with the hallway janitorial service, inconsistent heat, the freight elevator being out of service for six months, and fire escapes not properly repaired.
The DHCR ruled against tenants. The DRA conducted three inspections before ruling on tenants' complaint. Inspection showed that janitorial services, elevator service, and entry door and vestibule door lock services had been restored. Tenants also complained about doorbells not working. But only some apartments had defective doorbells, and the DRA advised those tenants to file individual complaints. Dirty, peeling, and chipped window casings and frames that tenants complained about were minor conditions. The outdoor scaffolding that tenants complained about was a legal requirement while landlord performed repair work to the building facade. Tenants presented no proof of inconsistent heat. They didn't dispute the fire escape repair, but only said that it needed painting. And tenants didn't complain about the freight elevator in their original complaint, so it couldn't be considered on appeal.

Hong: DHCR Adm. Rev. Docket No. WG430018RT (9/26/08) [3-pg. doc.]

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