Division of Housing and Community Renewal ("DHCR"), have a monthly rental of
$1,053.96, according to the Petition. Both the Tenant and Landlord's agents were the
primary witnesses at the rent-abatement hearing conducted by the undersigned for several
intermittent days between May 7, 2014 to August 6, 2014, during which the following
facts were gleaned.
As early as 2009, Tenant had reported numerous defects in her apartment to
the Department of Housing Preservation and Development of the City of New York
("HPD"). As relevant herein, starting in March and April, 2013, an HPD Agent visited
and inspected the Premises finding numerous violations and conditions in need of repair.
Some were corrected, but several remained unabated and other new violations resurfaced
in the ensuing eleven months. Specifically, the HPD Violation Notices noted that there
were "broken and defective ceramic tiles," "evidence of water leak ceiling," need to paint
and a "broken or defective shower body at bathtub" in the bathroom. Another visit, on
July 19, 2013, found: (1) need to plaster defective surfaces and paint the entire apartment
with a light-colored paint; (2) "repair or replace smoke detector" and carbon monoxide
detecting devices in the entire apartment; (3) "repair with similar material the broken or
defective wood floor" throughout the apartment; (4) "repair the broken or defective
connection waste line pipe at sink in the kitchen;" (5) replace the broken bathtub in the
bathroom; (6) "abate the nuisance consisting of rodents [and] evidence of rats in the
entire apartment;" and (7) repair the broken "spring balance lower sash south windows"
in the kitchen and bedroom. The list of these HPD Violation Notices issued for the