Kitchen Ceiling Condition Wasn't Minor

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the condition was de minimis, or minor, and that tenant hadn't provided access to complete repairs. The DHCR ruled against landlord. Tenant had complained that his kitchen ceiling was falling. The DRA accepted this complaint for processing as an emergency condition that didn't require prior notice to landlord. DHCR inspection showed that the ceiling wasn't in danger of falling, but that the ceiling had been repaired in an unworkmanlike manner. A large area of the ceiling was plastered and primed but not painted. This wasn't a minor condition. And landlord's claim that work was in progress and tenant didn't provide access was contradicted by landlord's prior statement that tenant had provided access and that repairs were complete.

Palu Properties LLC: DHCR Adm. Rev. Docket No. ZE410012RO (4/13/12) [3-pg. doc.]