Tenant Didn't Send Prior Notice Before Filing Complaint

June 30, 2011

LVT Number: #23475

Rent-stabilized tenant complained of a reduction in building-wide services based on elevator service defects and other conditions. The DRA advised tenant that it would accept the elevator complaint on an emergency basis, but that tenant failed to include required proof of prior notice to landlord about the other conditions with her complaint. Landlord denied that there were any service reductions, and the DHCR inspection showed the elevator was working. The DRA dismissed tenant's complaint. Tenant appealed and lost.

Rent-stabilized tenant complained of a reduction in building-wide services based on elevator service defects and other conditions. The DRA advised tenant that it would accept the elevator complaint on an emergency basis, but that tenant failed to include required proof of prior notice to landlord about the other conditions with her complaint. Landlord denied that there were any service reductions, and the DHCR inspection showed the elevator was working. The DRA dismissed tenant's complaint. Tenant appealed and lost. The DRA correctly dismissed tenant's other claims because she didn't notify landlord before filing the complaint. Tenant can refile a proper claim concerning any other outstanding conditions.

3000 Ocean Parkway: DHCR Adm. Rev. Docket No. YK210003RT (5/20/11) [2-pg. doc.]

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