Water-Stained Floor

Tenant complained of reduced services, claiming that the floor near the bedroom radiator was damaged. A DHCR inspector found the floor water-stained, and the DRA ordered a rent cut. Landlord appealed, arguing that the DHCR had previously cut the rent for the same condition, and restored it once landlord fixed the leaking radiator. In the order restoring the rent, the DRA had directed landlord to repair the water-stained floor. The DHCR revoked the rent cut. Tenant's complaint about the damaged floor was dated just one month after the DHCR inspection on the rent restoration application. Tenant didn't claim the leak recurred, so the complaint was based on the same water-stained condition the inspector had found. That condition was previously found to be insufficient for justifying a continuing rent cut. So, it shouldn't be the basis for a new rent cut.

Albert: DHCR Adm. Rev. Dckt. No. CK 110101-RO (8/4/94) [3-page document]