Newly Installed Windows Were Difficult to Open

Rent-stabilized tenant complained of a reduction in services because newly installed windows in her apartment were hard to open and close. The DRA ruled for tenant based on inspection and reduced her rent. Landlord appealed and argued that the condition was de minimis. Landlord also claimed that its contractor had adjusted the windows and that the windows met the manufacturer’s standard. The DHCR ruled against landlord. The landlord needed to show that the average person would have no difficulty operating the windows. But seven out of the apartment’s eight windows were difficult to operate. In the meantime, in a separate proceeding, the DHCR granted landlord’s application to restore rent based on restoration of services.

Highlawn Associates: DHCR Adm. Rev. Docket No. BQ210015RP (4/10/15) [2-pg. doc.]