Building-wide Window Defects Not Minor Condition

Tenants complained of a reduction in building-wide services based on window defects in the building's public areas. The DRA ruled for tenants and reduced their rents. Landlord appealed, arguing that the condition of the windows didn't directly affect tenants, and that any leak stains affected only two apartments. Landlord claimed that the condition wasde minimis and didn't warrant any rent reductions. The DHCR ruled against landlord. The DHCR's inspector found that the window defects existed throughout the building and that the leak stains were located in a public area hallway. It didn't matter that the leak stains were between the two top-floor apartments.

119 Grand Realty LLC: DHCR Adm. Rev. Docket No. VF430055RO (9/12/07) [2-pg. doc.]