Hallway Ventilation Was Sufficient

Rent-stabilized tenant complained of a reduction in building-wide services. Tenant claimed that there was inadequate ventilation and air conditioning in the building's hallways. The DRA ruled against tenant, finding the condition de minimis, or minor. Tenant appealed and lost. Landlord had discontinued air conditioning in the hallways in 1974. In a prior 1984 PAR decision, the DHCR had ruled that the air conditioning was a base date service, but the DHCR never directed landlord to restore the service and landlord didn't do so. And Rent Stabilization Code Section 2523.4(e) included failure to provide air conditioning in building public areas as a de minimis building-wide condition. The DHCR's inspector also found that hallway ventilation was adequate and found that the vents were working properly. Tenant's architect stated that there was minimal fresh air being provided in violation of building codes. But there were no DOB violations on record for improper ventilation at the building.

Stein: DHCR Adm. Rev. Docket No. AR110011RT (6/21/13) [4-pg. doc.]