Cracked Parking Area; Stumps and Angle Irons Missing

Tenants complained of building-wide service reductions. The DRA ruled for tenants and reduced their rents. The DRA found that the sidewalk was cracked in front of the building's driveway and driveway exit, that landlord had removed a laundry room toilet, that a parking circle fence was missing and that, in the parking lot, stumps were cracked and angle irons were missing. Landlord appealed. The DHCR ruled for landlord in part, deleting only the toilet as a reason for rent reduction. Landlord appealed to court and the DHCR agreed to reconsider the case. After reconsideration, the DHCR ruled for landlord and revoked the rent reductions. Tenants had previously complained of holes in the parking lot. Landlord had repaired these. Cracked stumps and missing angle irons, conditions cited in tenants' new complaint, didn't constitute a reduction in services. In addition, the sidewalk cracks didn't create a tripping hazard and so were ``de minimus'' in nature. This condition didn't warrant a rent reduction.

KMR Realty Services: DHCR Adm. Rev. Dckt. No. JE130161RO (10/1/96) [5-page document]