Defective Stairwell Railings Not Minor Condition

Tenants complained of a reduction in building-wide services. They claimed that the front building stair rails were defective. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord argued that this condition was de minimis. Among other arguments, landlord claimed that tenants in the rear building apartments didn't use the front building staircase. The DHCR inspection found that duct work done on the front railings was unworkmanlike. This wasn't a minor condition. Stairway railings must be safe and operational. The fact that some tenants in the building didn't use this staircase didn't make this any less a safety issue.

153 Ave. A Assoc., LLC: DHCR Adm. Rev. Docket No. UA410046RO (1/12/07) [2-pg. doc.]