Tenant Claims Repairs Made Without DOB Permit

April 1, 2001

LVT Number: 14894

Tenant complained of a reduction in services based on ceiling conditions. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration after making ceiling repairs. The DRA ruled for landlord. Tenant appealed, claiming that the repairs were done without a DOB permit, and so, were invalid. The DHCR ruled against tenant. Tenant didn't raise this issue previously and couldn't do so for the first time on appeal. In addition, tenant had cooperated with landlord's repair efforts.

Tenant complained of a reduction in services based on ceiling conditions. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration after making ceiling repairs. The DRA ruled for landlord. Tenant appealed, claiming that the repairs were done without a DOB permit, and so, were invalid. The DHCR ruled against tenant. Tenant didn't raise this issue previously and couldn't do so for the first time on appeal. In addition, tenant had cooperated with landlord's repair efforts. Finally, it didn't matter for purposes of rent restoration whether the work was done without DOB approval. If tenant had a valid claim concerning that issue, he would have to file a complaint with DOB.

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

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