Defective Public Hallway Windows

July 31, 1998

LVT Number: 12553

Tenants complained of a reduction in building-wide services. The DHCR reduced tenants' rents based on a finding that public hallway window sashes and frames were defective. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. DHCR inspections, upon which the rent reductions were based, were made 19 months after and again three years after tenants' complaint was filed. The court ruled against landlord. Since the DHCR found that the defective condition existed at the time of its inspection, it was required by law to reduce tenants' rents.

Tenants complained of a reduction in building-wide services. The DHCR reduced tenants' rents based on a finding that public hallway window sashes and frames were defective. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. DHCR inspections, upon which the rent reductions were based, were made 19 months after and again three years after tenants' complaint was filed. The court ruled against landlord. Since the DHCR found that the defective condition existed at the time of its inspection, it was required by law to reduce tenants' rents.

Garramone v. DHCR: NYLJ, p. 39, col. 5 (7/8/98) (Sup. Ct. Queens; Milano, J)

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