Posted by Playing Hardball on July 16, 2001 at 13:31:35:
The unit is in NYC Manhattan, Rent Stabilized, Written Lease, 50 Units in Building, Built in 1923-24, Neither Coop or Condo
DHCR has turned down my individual decrease in service complaint for faulty plumbing in bathroom. It's a fiasco: The landlord installed a water-saving toilet over four years ago (it's worked badly since, but the the landlord got $200 from NYC), and then after a renovation of the building three years ago for a huge MCI, claimed to have installed a newer toilet in my apartment ... but he did no such thing. He also did not install several other plumbing-related fixtures. While I've had my rent increased for non-existent installations, I'm stuck with a crappy crapper.
Apparently, the DHCR approves the following test of a toilet to verify whether it functions—simply take one sheet of toilet paper and flush it. If it flushes (why wouldn't it?), it passes (but come on, is this a real-world test of what gets flushed in a toilet, one sheeet of paper??). The real problems with the toilet are short-circuited and ignored ... and DHCR didn't even address the issue of falsely reporting installations to qualify for an MCI. All I want is a new toilet. Here's what I need to know:
1) What are or where can I find what Rent Stabilization Code sections 2520.6 (r) and 2523.4 are, as well as Rent and Eviction Regulations sections sections 2200.3, 2202.3 and 2202.16. These were listed on the Order Denying Application or Terminating Proceedings. There was an inspection.
2) What grounds based on "error of law or fact" might I have other than the fact that the toilet is clearly defective? I have letters detailing the problems for 4 years. The landlord has ignored my requests until I filed the decrease in service complaint.
3) For the false claim that a new toilet was actually installed and in time to qualify for an MCI, should I simply file a Rent Overcharge form?
All I want is a new, functioning toilet. I've told the DHCR inspector that I don't particularly want any fines or back rent. He said he would tell the landlord to simply put in a new toilet, but of course ... either he didn't or the landlord refused. The landlord is playing hardball on this, and his position is absurd, but apparently the DHCR buys it. Not surprising at all, given my work on the tenants' association in te building. (FYI, we currently have a PAR against the MCI, which represents a huge amount of money for the landlord and which we believe to be highly suspect. We are represented by a lawyer in that matter).
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