Kitchen Floor Remained Unleveled After Repairs

Rent-stabilized tenant complained of a reduction in services based on a number of apartment conditions, including floor leveling in the apartment kitchen and bathroom. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord in part. Although the rent wasn't restored due to other remaining conditions, the DRA found that the kitchen floor had been leveled.

Tenant appealed and won. Tenant claimed that the floor remained unleveled. The DHCR's inspector had reported that the kitchen floor leveling was restored and that there was no trip hazard, although the kitchen floor was slightly sloping toward the kitchen sink. The DHCR's inspector found this condition to be minor. But tenant never complained that the unlevel floor was a trip hazard, and the DHCR's inspector acknowledged that the kitchen floor still wasn't level. Tenant's initial complaint was in fact that the floor leaned toward the sink counter and small bedroom. So that service hadn't been restored.

Johnson: DHCR Adm. Rev. Docket No. GP210061RT (5/16/19) [3-pg. doc.]