Kitchen Water Stains Not Minor

LVT Number: #20005

Tenant complained of a reduction in services based on water damage in her kitchen. The DRA ruled for tenant and reduced her rent. Inspection showed that there were water stains inside the kitchen cabinet over the sink and a stained ceiling above the stove. There was no active water leak or water damage. Landlord appealed, claiming that these were minor conditions that didn't warrant a rent reduction. The DHCR ruled against landlord. The conditions reported and photographed by the DHCR's inspector weren'tde minimis. The DRA correctly reduced tenant's rent.

Tenant complained of a reduction in services based on water damage in her kitchen. The DRA ruled for tenant and reduced her rent. Inspection showed that there were water stains inside the kitchen cabinet over the sink and a stained ceiling above the stove. There was no active water leak or water damage. Landlord appealed, claiming that these were minor conditions that didn't warrant a rent reduction. The DHCR ruled against landlord. The conditions reported and photographed by the DHCR's inspector weren'tde minimis. The DRA correctly reduced tenant's rent.

Samson Management, LLC: DHCR Adm. Rev. Docket No. VD710020RO (9/12/07) [2-pg. doc.]

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