Noise from Upstairs Apartment Is Minor Condition

Tenant complained of a reduction in services. He complained about noise from the apartment upstairs and said that there was related structural damage to the floor of the upstairs apartment. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. De minimis, or minor, conditions are those that have a minimal impact on tenants and don't affect the use and enjoyment of their apartments. Noise from the upstairs apartment is considered minor. Tenant also showed no proof of damage to the upstairs apartment's floor. Landlord inspected in response to tenant's complaint, and also said that it found no damage.

26 Ebbits Street: DHCR Adm. Rev. Docket No. WI310056RT (2/20/09) [2-pg. doc.]