Tenants Can't Raise New Complaints on Appeal

Tenants complained of a reduction in services. The DRA ruled for tenants and reduced their rent after finding cobblestone/brick conditions in various areas of the building's playground/sitting area and water stains on ceilings. Landlord later applied for restoration based on the restoration of services. Landlord submitted an affidavit from an independent licensed architect, asserting that necessary repairs had been performed. The DRA ruled for landlord. Tenants then appealed, claiming that the conditions hadn't been repaired and that there were still water stains on the top-floor ceilings. The DHCR ruled against tenants since they failed to raise any of these issues before the DRA.

Allen: DHCR Adm. Rev. Docket No. ZE410006RT (9/23/11) [2-pg. doc.]