Cracked Tread Area of Building Steps Isn't a Minor Condition

Rent-stabilized tenant complained to the DHCR of a reduction in building-wide services. The DRA ruled for tenant and reduced his rent, based on findings of defective conditions in the sidewalks, stairs to the building entrance, janitorial services in the hall and lobby, public area molding and baseboards, and the elevator "open" button. Landlord later applied for rent restoration based on restoration of services.

The DRA ruled against landlord, who appealed and lost. The DHCR's inspection report showed there was a cracked tread area of the front steps to the building at the time of inspection. So, the first step of the building entrance wasn't repaired in a workmanlike manner. The DHCR disagreed with landlord's claim that this was a de minimis--that is, minor--condition and shouldn't bar rent restoration. Landlord also was improperly attempting to collaterally attack the DRA's initial ruling.

306 West 112th Owner, LLC/Tri-Hill Management LLC: DHCR Adm. Rev. Docket No. KM410020RO (4/29/22)[3-pg. document]