Conditions Resulting in DHCR Rent Reduction Weren't De Minimis

Rent-stabilized tenants complained to the DHCR of a reduction in building services. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the conditions were de minimis--that is, minor--and didn't warrant a rent reduction. The DHCR denied landlord's PAR. Landlord then filed an Article 78 appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR reasonably found that the conditions in question weren't minor. Wooden molding of the main exterior door was rotten at the bottom and there was a hole or gap in the main entry door frame. The lobby floor tiles were cracked in various areas. There also was inadequate janitorial service on the sixth floor and bulkhead stairs handrail and bannisters.  

221 Ave. A, LLC v. Ruthanne: 2019 NY Slip Op 32966(U) (Sup. Ct. NY; 10/8/19; James, J)