Tenant Postponed Repair Until After DHCR Inspection

Tenant complained of a reduction in services based on a damaged bedroom door. An inspection showed that the condition existed. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord then appealed to the court, claiming the condition was minor, since the door still closed, and didn't warrant a rent reduction. The court sent the case back to the DHCR for a further inspection to determine if the condition was minor. In the meantime, landlord decided to simply replace the door, but tenant wouldn't permit the repair until after the DHCR's second inspection. The DHCR later ruled that the door's condition wasn't minor and upheld the rent reduction. Landlord appealed, claiming that the DHCR's decision was unreasonable, especially given tenant's refusal to permit repairs and the seven-year rent freeze that resulted from the DHCR's order. The court ruled against landlord. It was reasonable to delay replacement of the door when the existing door was the subject of the court's prior order. The DHCR reasonably relied on the second inspection by its own inspector, rather than on the videotape prepared by landlord at the time of the first inspection.

Almoros Realty Corp. v. DHCR: Index No. 9055/99 (12/8/99) (Sup. Ct. Queens; Durante, J) [9-pg. doc.]