Tenant Deliberately Damaged Apartment

Tenant complained of a reduction in services based on defective bathroom tiles. The DRA ruled for tenant and reduced her rent based on a finding that the bathroom tiles needed caulking. Landlord appealed. In a prior court case, the judge found that tenant deliberately caused other conditions in the apartment to create housing violations. The court ordered that no further inspections, including DHCR inspections, be made to the apartment. Landlord also submitted a sworn statement from subtenant, who said that tenant frequently ran the hot water in the bathtub excessively to create a steam condition. The DHCR ruled for landlord. Based on the court order, the subtenant's statement, and consideration of the equities, the rent reduction was revoked.

Vitacco: DHCR Adm. Rev. Dckt. No. QG110008RO (3/14/03) [4-pg. doc.]