Tenants Didn't Complain About Condition Behind Building

LVT Number: 11321

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a finding that the pavement of a lot behind the building was broken and cracked and constituted a tripping hazard. Landlord appealed, pointing out that no tenants complained about this condition, that tenants didn't have access to that area and that they weren't affected by this condition. The DHCR ruled for landlord and revoked the rent reductions. Tenants had complained only of broken concrete and dangerous walking conditions in front of the building.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on a finding that the pavement of a lot behind the building was broken and cracked and constituted a tripping hazard. Landlord appealed, pointing out that no tenants complained about this condition, that tenants didn't have access to that area and that they weren't affected by this condition. The DHCR ruled for landlord and revoked the rent reductions. Tenants had complained only of broken concrete and dangerous walking conditions in front of the building. Since there was no notice to landlord in tenants' complaint of the condition behind the building, it couldn't be used as a basis for rent reduction.

Bayside Gardens: DHCR Adm. Rev. Dckt. No. IF130194RO (10/23/96) [2-page document]

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