Small Area of Peeling Paint in Courtyard

LVT Number: 18396

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Tenants appealed, claiming that the DHCR's inspector was incorrect in finding that some services were being maintained. The DHCR ruled against tenants. Tenants claimed that the peeling paint in the courtyard wasn't a minor condition because it was found in 15 percent of the entire painted area. The DHCR's inspector disagreed, finding that the area of peeling paint was ''small.'' The DHCR was entitled to rely on its inspector's report.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Tenants appealed, claiming that the DHCR's inspector was incorrect in finding that some services were being maintained. The DHCR ruled against tenants. Tenants claimed that the peeling paint in the courtyard wasn't a minor condition because it was found in 15 percent of the entire painted area. The DHCR's inspector disagreed, finding that the area of peeling paint was ''small.'' The DHCR was entitled to rely on its inspector's report.

Lenihan: DHCR Adm. Rev. Dckt. No. TB430010RT (9/9/05) [3-pg. doc.]

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