Tenant Stated that Plastering Repair Was Done

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord because inspection showed evidence of mice and roaches in the apartment, and that plastering work under the kitchen sink was done in an unworkmanlike manner. Landlord appealed, arguing that, prior to inspection, tenant submitted a statement that repairs under the sink had been done properly. The DHCR ruled for landlord. The portion of the DRA's order finding that the plastering work wasn't done must be revoked. Landlord reasonably relied on tenant's statement. The DRA should have notified landlord before making any contrary finding.

Van Kleeck Associates: DHCR Adm. Rev. Dckt. No. VD110040RO (7/11/07) [3-pg. doc.]