Landlord's Trash Storage Behind Building Wasn't a Minor Condition

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents, based on a finding that landlord wasn't maintaining janitorial service on the building grounds. Landlord appealed and lost. Landlord argued that the DRA's decision was arbitrary and unreasonable, and that any condition found by the DHCR's inspector was de minimis--that is, minor. DOS picked up garbage on Thursdays, and the DHCR sent its inspector on a Thursday when garbage bags were in a concrete area behind the building, which was neither a playground nor a courtyard. The DHCR's inspector didn't claim that the garbage bags were broken or that there was loose debris. But the DHCR noted that the large pile of garbage bags behind the building had a great impact on tenants and affected their use and enjoyment of the premises. Landlord's untimely trash collection, storage, and disposal involved vital health and safety issues for tenants. 

Shree Ganesh Bronx, LLC: DHCR Adm. Rev. Docket No. FO610005RO (3/3/18) [5-pg. doc.]