Peeling Paint and Plaster and Cracks in Hallways Weren't Minor Conditions

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant and reduced his rent based on peeling paint conditions found in the building's common areas. Landlord appealed and lost. Landlord claimed that the conditions were de minimis--that is, minor--and didn't warrant a rent reduction. The DHCR disagreed. DHCR inspection showed that there was peeling paint and plaster on the wall and ceiling above the main entry door in the vestibule, cracks on the ceiling and wall above the doors of two apartments, peeling paint on the ceiling and wall above the doors of two other apartments, peeling paint on the ceiling of the fifth-floor hallway across the elevator door, and cracks on the ceiling of the fourth floor across the elevator door. These were not minor conditions and tenant's rent was properly reduced.

Barry Martin 546 Corp.: DHCR Adm. Rev. Docket No. EV410021RO (3/29/17) [2-pg. doc.]