Tenant Notified Landlord of Mold Condition

Tenant complained of a reduction in services. He claimed that the apartment was infested with mold. The DRA ruled for tenant. Landlord appealed, claiming that tenant didn't send landlord a letter about the condition between 10 and 60 days before filing the complaint. Landlord said the complaint should be dismissed based on this procedural defect. The DHCR ruled against landlord. Tenant filed his complaint on June 9, 2004. On Jan. 24, 2004, tenant had a mold screening inspection done at his apartment. He informed landlord of the results. Landlord sent tenant a letter on March 25, stating that it would get the condition abated. On April 15, tenant's attorney wrote to landlord stating that all requests for access should be done through his office. By letter dated May 13, tenant's attorney gave landlord a copy of the inspection report. So tenant had notified landlord of the condition in writing within the 10-60-day window.

New Property Assocs.: DHCR Adm. Rev. Dckt. No. SK910066RO (2/23/05) [5-pg. doc.]