Landlord Didn't Maintain Adequate Janitorial Services

December 1, 2007

LVT Number: #20037

Tenants complained of a reduction in building-wide services. They claimed that landlord failed to maintain adequate janitorial services at the building. The DHCR ruled for tenants after its inspector reported finding debris in the building's compactor rooms. Landlord appealed, claiming that the condition was minor and that no rent cut was warranted. The appeals court and, later, New York State's highest court, ruled against landlord. The inspector's findings were consistent with tenants' complaint that the compactor rooms were filthy.

Tenants complained of a reduction in building-wide services. They claimed that landlord failed to maintain adequate janitorial services at the building. The DHCR ruled for tenants after its inspector reported finding debris in the building's compactor rooms. Landlord appealed, claiming that the condition was minor and that no rent cut was warranted. The appeals court and, later, New York State's highest court, ruled against landlord. The inspector's findings were consistent with tenants' complaint that the compactor rooms were filthy. The DHCR's decision therefore wasn't irrational, and must be upheld.

333 East 49th Associates, LP v. DHCR: NYLJ, 11/28/07, p. 30, col. 5 (Ct. App.; Kaye, CJ, Ciparick, Graffeo, Jones, JJ)

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