Defective Stairway Light Not a Minor Condition

LVT Number: 16821

Tenant complained of a reduction in services based on a defective light in the building's stairway. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that this was a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. The Rent Stabilization Code states that if lighting is otherwise adequate, missing lightbulbs may be a minor condition. But here, the inspector found that the light was defective, the fluorescent light was off, and the lighting in the area of the defective fixture was inadequate. So this wasn't a minor condition.

Tenant complained of a reduction in services based on a defective light in the building's stairway. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that this was a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. The Rent Stabilization Code states that if lighting is otherwise adequate, missing lightbulbs may be a minor condition. But here, the inspector found that the light was defective, the fluorescent light was off, and the lighting in the area of the defective fixture was inadequate. So this wasn't a minor condition.

Primrose Mgmt.: DHCR Adm. Rev. Dckt. No. QF410003RO (8/21/03) [3-pg. doc.]

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