Tenants Must Take Drain Hole Complaint to DOB

Tenants complained of a reduction in building-wide services. They said that the drain holes on balconies weren't large enough. This caused flooding. The DRA made no ruling on the issue, but advised tenants to ask DOB to rule on whether the drain holes were adequate. Tenants appealed, claiming that inadequate drainage caused damage to interior walls of their apartments, and that DHCR could rule on this issue. The DHCR ruled against tenants. Tenants didn't complain to the DRA that there was interior wall damage. They claimed only that the drain holes weren't big enough. The DRA properly directed tenants to raise their claim with DOB.

Arsen: DHCR Adm. Rev. Docket No. VL130024RT (4/18/08) [2-pg. doc.]