Dirty Compactor Rooms Not Minor Condition

June 30, 2007

LVT Number: #19677

Tenants complained of a reduction in building-wide services. They claimed that landlord didn't keep the building's 26 compactor rooms clean. The DHCR ruled for tenants and reduced their rents. Landlord appealed and lost. The DHCR had conducted two inspections in response to tenants' complaint. The first inspection found debris in all 26 of the building's compactor rooms. Five months later, a second inspection found debris in six of the compactor rooms. The DHCR reasonably determined that this was a reduction in required services and not a minor condition.

Tenants complained of a reduction in building-wide services. They claimed that landlord didn't keep the building's 26 compactor rooms clean. The DHCR ruled for tenants and reduced their rents. Landlord appealed and lost. The DHCR had conducted two inspections in response to tenants' complaint. The first inspection found debris in all 26 of the building's compactor rooms. Five months later, a second inspection found debris in six of the compactor rooms. The DHCR reasonably determined that this was a reduction in required services and not a minor condition. At the time of the second inspection, 25 percent of the compactor rooms still weren't being maintained properly.

333 East 49th Associates, LP v. DHCR: NYLJ, 6/1/07, p. 29, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Marlow, Buckley, McGuire, JJ)

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