Tenant's Roof Leak Claim Raised for First Time on Appeal

The DRA granted landlord's application for MCI rent hikes based on installation of a new roof. Tenant appealed and lost. In her PAR, tenant claimed that there were leaks and water damage in her apartment that came from the roof and continued even after the MCI installation. She also said that landlord hadn't been able to fix the leaks despite many attempts to do so, and claimed that the roof was only repaired, not replaced. The DHCR ruled against tenant because she didn't raise these claims before the DRA while the MCI application was pending. The DHCR couldn't consider claims raised for the first time on appeal. 

Salcedo: DHCR Adm. Rev. Docket No. HO210023RT (11/5/21)[2-pg. document]