Discontinued Community Room Service Was De Minimis

Tenants complained of a reduction in building-wide services. They claimed that new landlord closed the first-floor community room previously used by tenants. Landlord denied ever providing the community room and argued that it was a minor condition anyway. The DRA ruled against tenants, who appealed and lost. More than four years had passed before tenants complained to the DHCR, so the service was presumptively de minimis--or minor--in nature. In addition, the building's Certificate of Occupancy listed 15 apartments on the first floor, but no community room. And although tenants claimed that they waited to complain in the hope that they could negotiate a resolution with landlord, landlord denied that it engaged in discussions with tenants, and tenants offered no details as to whom they dealt with from landlord's office or when.

1777 Grand Concourse: DHCR Adm. Rev. Docket No. YJ610007RT (7/22/11) [4-pg. doc.]