Peeling Paint Wasn't Minor Condition

August 31, 2010

LVT Number: #22886

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Among other things various surfaces on the lobby ceiling and walls, the hall, and the staircase on all floors were peeling, and other surfaces were plastered but not painted. Landlord appealed, claiming that the areas that were plastered but not painted were a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. The peeling paint concerned significant areas of the building and was not a de minimis condition.

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Among other things various surfaces on the lobby ceiling and walls, the hall, and the staircase on all floors were peeling, and other surfaces were plastered but not painted. Landlord appealed, claiming that the areas that were plastered but not painted were a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. The peeling paint concerned significant areas of the building and was not a de minimis condition.

Chelsea 18 Associates, LP: DHCR Adm. Rev. Docket No. YB420048RO (7/15/10) [3-pg. doc.]

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