Bathroom Tile Conditions Are Minor

Tenant complained of a reduction in services. The DHCR ruled for tenant and reduced her rent. Landlord appealed, claiming that the bathroom tile conditions found by the DHCR were minor and didn't warrant a rent reduction. Landlord said that the DHCR's decision was unreasonable. The appeals court ruled for landlord. The DHCR adopted its ''de minimis'' policy in November 1995, after landlord filed its PAR. So landlord could raise this issue for the first time on appeal. The DHCR didn't follow its own precedent in this case or explain why it ruled differently in other cases with very similar facts. Although tenant's rent reduction was upheld for other reasons, the bathroom tile conditions were no longer a reason for the rent reduction.

2084-2086 BPE Assocs. v. DHCR: NYLJ, 2/22/05, p. 27, col. 6 (App. Div. 1 Dept.; Tom, JP, Andrias, Ellerin, Gonzalez, Catterson, JJ)