Jammed Hallway Windows Not Minor Condition

June 30, 2011

LVT Number: #23463

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that several windows in the hallways were jammed open, causing frigid drafts. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord noted that the DHCR's inspection found that only some of the hallway windows didn't open or close fully or were difficult to open. Landlord claimed that this was a minor condition that didn't warrant a rent reduction. But it was indisputable that a number of hallway windows didn't open or close properly.

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that several windows in the hallways were jammed open, causing frigid drafts. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord noted that the DHCR's inspection found that only some of the hallway windows didn't open or close fully or were difficult to open. Landlord claimed that this was a minor condition that didn't warrant a rent reduction. But it was indisputable that a number of hallway windows didn't open or close properly. This wasn't a de minimis condition.

219 West 81st Street: DHCR Adm. Rev. Docket No. YJ430029RO (5/5/11) [3-pg. doc.]

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