TV Master Antenna Connection Restored

LVT Number: 18149

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord in part. It denied rent restoration because the intercom was still defective, but found that landlord had restored tenant's master TV antenna connection. Tenant appealed, claiming that television reception, not the antenna connection, was the condition complained of, and that reception was still inadequate. The DHCR ruled against tenant.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord in part. It denied rent restoration because the intercom was still defective, but found that landlord had restored tenant's master TV antenna connection. Tenant appealed, claiming that television reception, not the antenna connection, was the condition complained of, and that reception was still inadequate. The DHCR ruled against tenant. Under DHCR policy, poor television reception alone, without proof that the problem is the direct result of landlord's failure to maintain antenna service, is not a basis for a rent reduction. There can be too many factors beyond landlord's control.

Rivera: DHCR Adm. Rev. Dckt. No. TD110002RK (4/28/05) [2-pg. doc.]

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