Washer/Dryer Not Essential Service

January 1, 2006

LVT Number: 18580

Landlord applied for 2002/2003 MBR rent increases. The DRA ruled for landlord. Tenant appealed, claiming that landlord improperly certified that all rent-impairing violations and 80 percent of other violations had been removed. Tenant pointed out that the DHCR had previously ruled that landlord wasn't providing a washer/dryer at the building and that this was a reduction in services. The DHCR ruled against tenant. For purposes of MBR increases, the definition of ''essential services'' is limited.

Landlord applied for 2002/2003 MBR rent increases. The DRA ruled for landlord. Tenant appealed, claiming that landlord improperly certified that all rent-impairing violations and 80 percent of other violations had been removed. Tenant pointed out that the DHCR had previously ruled that landlord wasn't providing a washer/dryer at the building and that this was a reduction in services. The DHCR ruled against tenant. For purposes of MBR increases, the definition of ''essential services'' is limited. It includes failure to provide heat, hot and cold water, superintendent services, building security, electric or other utility services. The failure to provide a washer/dryer doesn't bar collection of MBR rent increases.

Lazar: DHCR Adm. Rev. Dckt. No. SK420001RT (11/23/05) [2-pg. doc.]

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