Tenant Didn't Dispute Hallway Condition Restored

June 30, 2001

LVT Number: 15113

(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 a number of conditions in his apartment. The DRA ruled for tenant and reduced his rent. Landlord later asked for rent restoration based on restoration of services. The DRA ruled for landlord, and tenant appealed. Tenant claimed that there was still a crack in the wall in the hallway, which was one of the conditions the rent cut was based on. The DHCR ruled against tenant.

(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 a number of conditions in his apartment. The DRA ruled for tenant and reduced his rent. Landlord later asked for rent restoration based on restoration of services. The DRA ruled for landlord, and tenant appealed. Tenant claimed that there was still a crack in the wall in the hallway, which was one of the conditions the rent cut was based on. The DHCR ruled against tenant. Tenant didn't raise this issue in response to landlord's rent restoration application and couldn't do so for the first time on appeal.

Sanchez: DHCR Adm. Rev. Dckt. No. PA410053RT (5/30/01) [2-pg. doc.]

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