Exhaust Fan Rattling Wasn't a Minor Condition

June 11, 2013

LVT Number: #24843

Tenant complained of a reduction in services based on various conditions in his apartment. The DRA ruled for tenant and reduced his rent based on ceiling cracks, falling plaster and stains, as well as a rattling noise in the bathroom. Landlord appealed and lost. Landlord claimed that the conditions found by the DHCR's inspector were de minimis, or minor. For example, the rattling noise noted by the inspector was actually the expected humming of the bathroom exhaust fan motor. But the noise noted by the DHCR's inspector was loud, rattling, and not normal.

Tenant complained of a reduction in services based on various conditions in his apartment. The DRA ruled for tenant and reduced his rent based on ceiling cracks, falling plaster and stains, as well as a rattling noise in the bathroom. Landlord appealed and lost. Landlord claimed that the conditions found by the DHCR's inspector were de minimis, or minor. For example, the rattling noise noted by the inspector was actually the expected humming of the bathroom exhaust fan motor. But the noise noted by the DHCR's inspector was loud, rattling, and not normal. And the ceiling repairs weren't performed in a workmanlike manner.

Jonas Equities, Inc.: DHCR Adm. Rev. Docket No. AP210026RO (4/26/13) [3-pg. doc.]

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