Tenant Claims Repairs Inadequate

August 31, 1998

LVT Number: 12629

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later filed a rent restoration application, claiming services had been restored. The DRA ruled for landlord and tenant appealed, claiming that although landlord had repaired the defective tiles, he believed the tiles would crack during the winter when heat was provided to the apartment. The DHCR ruled against tenant. Tenant's belief that the repairs performed by landlord wouldn't solve the service problem was speculation.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later filed a rent restoration application, claiming services had been restored. The DRA ruled for landlord and tenant appealed, claiming that although landlord had repaired the defective tiles, he believed the tiles would crack during the winter when heat was provided to the apartment. The DHCR ruled against tenant. Tenant's belief that the repairs performed by landlord wouldn't solve the service problem was speculation. If there was a problem in the future, tenant could file a new complaint. Landlord was entitled to restore the rent once tenant admitted that landlord had repaired the tiles.

Patterson: DHCR Adm. Rev. Dckt. No. LJ110122RT (4/21/98) [2-page document]

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