Tenant Waited Too Long to Complain About Kitchen Cabinet

August 31, 2002

LVT Number: 16090

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent after inspections showed that a cabinet had been removed from tenant's kitchen. Landlord appealed, claiming that this was a minor condition because tenant waited more than four years after the cabinets were removed to complain. The DHCR ruled for landlord and revoked the rent reduction. The cabinet was missing when tenant moved into the apartment. Tenant didn't complain until five years later. And the removed cabinet had been next to the stove and was removed when new cabinetry was installed.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent after inspections showed that a cabinet had been removed from tenant's kitchen. Landlord appealed, claiming that this was a minor condition because tenant waited more than four years after the cabinets were removed to complain. The DHCR ruled for landlord and revoked the rent reduction. The cabinet was missing when tenant moved into the apartment. Tenant didn't complain until five years later. And the removed cabinet had been next to the stove and was removed when new cabinetry was installed. This wasn't a serious condition warranting a rent reduction.

Janoff and Olshan, Inc.: DHCR Admin. Rev. Dckt. No. PH210015RO (8/23/02) [2-pg. doc.]

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