Overflowing Trash in Compactor Rooms Wasn't Minor Condition

Tenants complained of a reduction in building-wide services based in part on failure to maintain the garbage disposal areas, which were exposed, had a noxious odor, and attracted rats and vermin. The DRA ruled for tenants and reduced their rents. Landlord appealed and argued that the DRA’s reference to “Janitor Service compactor room” as a non-maintained service was improper because janitor services are a de minimis condition under Rent Stabilization Code Section 2523.4(e). The DHCR ruled against landlord. DHCR inspection showed that garbage was overflowing in the second- and third-floor compactor rooms. While tenants didn’t make specific reference to the compactor rooms in their complaint, they complained about common area garbage disposal. Photographs of the compactor areas also showed that the condition in question wasn’t a minor problem.

Ch-Wen Management Corp.: DHCR Adm. Rev. Docket No. ET110019RO (12/8/16) [3-pg. doc.]