No Rent Restoration Based on Remaining Cracked Lobby Tiles

Rent-stabilized tenants complained to the DHCR for a reduction in building-wide services based on cracked and damaged floor tiles in the building lobby, along with inadequate janitorial services. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration, based on restoration of services. The DRA ruled against landlord, finding that services were only partially restored.

Landlord appealed and lost. While the floor tiles in the vestibule area had been replaced, the condition of the flooring near the vestibule door wasn't corrected. And although the wording was different from what was cited in tenants' complaint, the area in need of repair was properly described and photographed in the inspection report that supported the DRA's ruling. The DRA initially found that there were "cracked tiles in the lobby floor beside the entry doorway." When denying the rent restoration application, the DRA cited "Floor covering lobby--evidence of cracked and damaged floor tiles near the vestibule door and elevator."

410 St. Nicholas LLC: DHCR Adm. Rev. Docket No. HQ410033RO (8/6/20) [2-pg. doc.]