Cracked Terrace Tiles Weren't Minor Condition

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced her rent. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord, who appealed and lost. The DHCR’s inspector found there were 12 terra cotta floor tiles on the outdoor terrace that were chipped, cracked, and broken. Landlord claimed that this was a minor condition. In response to the rent reduction order, landlord had removed all grout staining from the terrace floor ad power washed the entire terrace, and also had replaced 25 cracked tiles. But the inspector’s photographs showed, for example, a tile on a raised step that was substantially chipped on its open edge. This condition presents a potential tripping hazardous and is not de minimis. Other remaining cracks weren't merely hairline cracks and extended from one tile to another.

137 East 38th Street LLC: DHCR Adm. Rev. Docket No. CR410028RO (7/9/15) [3-pg. doc.]