Temporary Condition Caused by Construction at Building

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent by a guideline increase. Tenant and landlord both appealed. Tenant claimed that her rent should be completely abated because construction at the building left dust and debris everywhere. The water was brown and undrinkable, and tenant's terrace was inaccessible. Landlord claimed that no rent reduction was warranted because any conditions tenant complained of were temporary due to major building renovation. Landlord claimed that no other tenants complained of dust and debris in their apartments, so tenant must be responsible for the condition. The DHCR ruled against both landlord and tenant. The DHCR's inspector found construction dust had entered tenant's apartment. And there was construction debris and dirt on tenant's terrace, preventing its use. It didn't matter whether the condition was permanent or temporary. But tenant didn't complain that the apartment was uninhabitable and continued to live there. So there was no basis for the DHCR to reduce her rent to $1 per month.

Flynn/Trump Plz.: DHCR Adm. Rev. Dckt. Nos. RD410040RT & RD410048RO (12/12/03) [3-pg. doc.]