Tenant Can't Raise New Issue on Appeal

February 1, 2001

LVT Number: 14753

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services based on needed ceiling repairs. The DRA ruled for tenant. Landlord later applied to restore the rent based on restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that the ceiling work was done without required DOB permits. The DHCR ruled against tenant. An inspection showed that the ceiling had been repaired. Tenant had granted access for the repairs.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services based on needed ceiling repairs. The DRA ruled for tenant. Landlord later applied to restore the rent based on restoration of services. The DRA ruled for landlord. Tenant appealed, claiming that the ceiling work was done without required DOB permits. The DHCR ruled against tenant. An inspection showed that the ceiling had been repaired. Tenant had granted access for the repairs. Tenant never previously complained that the repairs were made without proper permits. Tenant can't raise this new issue on appeal.

Kiezik: DHCR Adm. Rev. Dckt. No. OF410031RT (1/3/01) [2-pg. doc.]

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