Crack in Wall

February 1, 2004

LVT Number: 17119

Tenants complained of a reduction in building-wide services. The DRA ruled for 64 tenants and reduced their rents. Landlord appealed. Among other things, landlord claimed that a crack in the fourth-floor wall was a minor condition that didn't warrant a rent cut. The DHCR ruled against landlord. An inspection showed that there was large crack about four feet long and one and one-half inches wide on the fourth-floor exterior wall near the hallway window. The inspector said the crack was in bad condition. The DHCR defined minor cracks as minor, hairline, or small cracks.

Tenants complained of a reduction in building-wide services. The DRA ruled for 64 tenants and reduced their rents. Landlord appealed. Among other things, landlord claimed that a crack in the fourth-floor wall was a minor condition that didn't warrant a rent cut. The DHCR ruled against landlord. An inspection showed that there was large crack about four feet long and one and one-half inches wide on the fourth-floor exterior wall near the hallway window. The inspector said the crack was in bad condition. The DHCR defined minor cracks as minor, hairline, or small cracks. This wasn't a minor condition.

Empire Realty Co.: DHCR Adm. Rev. Dckt. No. QL230013RO (12/5/03) [3-pg. doc.]

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