Tenant Can't Dictate Which Workmen Will Do Repairs

(Decision submitted by Blaine Z. Schwadel of the Manhattan law firm of Rosenberg and Estis, P.C., attorneys for the landlord.) The DRA reduced tenant's rent, based on a reduction in services. Landlord later applied to restore the rent, claiming that tenant had denied access for repairs. Tenant claimed that he did so because landlord's prior repair attempts had been done poorly, and tenant wanted his own contractor to do the work at landlord's expense. The DRA denied landlord's restoration application, and landlord appealed. The DHCR restored the rent. Tenant's denial of access for repairs was unreasonable. Tenant can't choose which worker will do the work.

Biju Realty Co.: DHCR Adm. Rev. Dckt. No. EB 410294-RO (5/3/94) [4-page document]