Building Terrace Conditions Were Minor

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services based on a number of conditions. In their "prior notice" letter, tenants complained that second-floor common area terraces were littered with garbage and debris and had standing water, that the common play area for children needed repair and was in dangerous condition, and that terrace benches were rotting away. The DRA ruled for 72 tenants and reduced their rents based on a finding that janitorial services were needed at the second-floor terrace area, that mats on the playground were loose and uneven, and that terrace drainage work wasn't completed.

Landlord appealed and won. Landlord claimed that the conditions found during DHCR inspections were de minimis--that is, minor--and that the DRA unfairly took three years to decide the case. The DHCR noted that tenants never complained about the matting in the children's playground and no dangerous condition was found there. The crooked mat tiles also were a minor condition. The drainage problems on the second-floor terrace were de minimis, and landlord cleaned this area every other day. It also was unclear whether the drains were clogged or if inspection occurred shortly after rainfall. And reduced janitorial service on the second-floor terrace was a de minimis condition given that janitorial services otherwise were maintained in other areas of the building. 

1330 Fifth Avenue: DHCR Adm. Rev. Docket No. ZJ410019RO (2/7/13) [4-pg. doc.]