Awning Ripped from Terrace

Tenant complained of a reduction in services based on a ripped terrace awning. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the awning belonged to the tenant and that the condition was minor. The DHCR ruled against landlord. Tenant claimed that the awning was bolted to the terrace when he moved into the apartment in 1979. Landlord presented no contrary proof. And the awning wasn't merely decorative. It kept the sun out of the apartment and made it cooler in hot weather. So a defect in the awning wasn't a minor condition.

Pik Record Co.: DHCR Adm. Rev. Dckt. No. RA410039RO (1/8/04) [3-pg. doc.]