Lack of On-Site Super Not Proved, and De Minimis

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant. Landlord later applied for a rent restoration based on the restoration of services. The DRA ruled for landlord, finding that laundry room services were restored, walls were painted and plastered, the super's name and contact information were posted, and janitorial services were restored. Tenant appealed and lost. Tenant claimed that the super's information posted was incorrect and that the super did not live in the building as landlord claimed. The DHCR said tenant submitted no proof in support of her claim that the super did not live in the building and could not be reached at the phone number listed by landlord. In addition, the Rent Stabilization Code lists the failure to provide an on-site superintendent as a de minimis condition, as long as janitorial services are properly provided.

Riddick-Murchison: DHCR Adm. Rev. Docket No. TJ430006RT (12/22/06) [2-pg. doc.]