Bubbling Paint and Plaster Conditions Weren't De Minimis

Rent-stabilized tenants complained of a reduction in various building-wide services. The DRA ruled for tenants and reduced their rents after finding that paint and plaster weren't maintained in the hallway and stairs. Landlord appealed and lost. Landlord claimed that the condition was de minimis and didn't warrant any rent reduction. But the DHCR's inspector found bubbling paint and plaster in the sixth-floor hallway as well as bubbling paint and plaster on the wall in the staircase. These conditions weren't discrete but in public areas of the building regularly used by tenants. And the bubbling paint and plaster weren't isolated incidents. So, the conditions found by the DRA were not de minimis and the rent reduction was proper.

Elmback Owners LLC: DHCR Adm. Rev. Docket No. IN110022RO (4/29/21) [4-pg. doc.]