Failure to Provide Janitorial Service Wasn't a Minor Condition

Rent-stabilized tenant complained of a reduction in building-wide services based on janitor service. Landlord answered that any conditions were corrected and that tenant had withdrawn his complaint. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. After landlord submitted a letter from tenant withdrawing the complaint, the DRA asked tenant if the complaint was resolved. Tenant then requested that the complaint continue to be processed, and DHCR inspection confirmed that janitorial services in the vestibule, lobby, and laundry room floors weren't maintained. Landlord claimed that any failure to maintain janitorial service was a de minimis condition that didn't warrant a rent reduction. But, although janitorial service is listed in the Rent Stabilization Code's schedule of conditions that can be considered de minimis, the RSC specified that, to be de minimis meant "failure to clean or dust discrete areas, where there is evidence that janitorial services are being regularly provided because most areas are, in fact, clean." Here, the vestibule, lobby, and laundry room floors were in need of sweeping and mopping. This wasn't a condition in a discrete area that otherwise showed that cleaning was being done.

410 St. Nicholas LLC: DHCR Adm. Rev. Docket No. FN410044RO (10/25/17) [3-pg. doc.]