Tenants Admitted That Services Restored

LVT Number: 9997

The DRA reduced tenants' rents based on a reduction in building-wide services. Landlord later filed an application to restore the rents. The DRA found services were restored and ruled for landlord. Tenants then appealed, claiming that services hadn't been restored. The DHCR ruled against tenants. When landlord applied for rent restoration, the DRA sent tenants a letter asking if the seven conditions at issue had been taken care of. Tenants responded that the elevator fan still didn't work. They were silent on the other six items.

The DRA reduced tenants' rents based on a reduction in building-wide services. Landlord later filed an application to restore the rents. The DRA found services were restored and ruled for landlord. Tenants then appealed, claiming that services hadn't been restored. The DHCR ruled against tenants. When landlord applied for rent restoration, the DRA sent tenants a letter asking if the seven conditions at issue had been taken care of. Tenants responded that the elevator fan still didn't work. They were silent on the other six items. The DRA took this to be an admission that the six conditions were repaired. And an inspection showed that the elevator fan was also repaired.

Simpson: DHCR Adm. Rev. Dckt. No. HD 230349 RT (5/10/95) [2-page document]

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