Tenants Claim Building Had No Live-in Super

December 1, 2002

LVT Number: 16273

Tenants complained of a reduction in services because there was no live-in building superintendent. After three inspections, the DRA ruled against tenants. One tenant appealed and lost. The Housing Maintenance Code requires that buildings with nine or more apartments have a super who lives in or near the building. There was no HPD violation on the building for not providing this service. Landlord claimed that the super lived near the building. Tenants said he was a super in name only. The DHCR looked at whether the services that a super would provide were being performed at the building.

Tenants complained of a reduction in services because there was no live-in building superintendent. After three inspections, the DRA ruled against tenants. One tenant appealed and lost. The Housing Maintenance Code requires that buildings with nine or more apartments have a super who lives in or near the building. There was no HPD violation on the building for not providing this service. Landlord claimed that the super lived near the building. Tenants said he was a super in name only. The DHCR looked at whether the services that a super would provide were being performed at the building. The inspections showed that the building was clean and well maintained. The DHCR can't otherwise enforce the Housing Maintenance Code.

Gravine: DHCR Admin. Rev. Dckt. No. QF430050RT (11/7/02) [3-pg. doc.]

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