Pothole in Driveway

Tenants complained of reduced services, claiming that there was a pothole in the driveway. A DHCR inspector confirmed their claim, and the DRA cut tenants' rents. Landlord argued that since only tenants with garage spaces used the driveway, the DRA should have cut the garage rent---not the apartment rents for all 30 tenants. Landlord loses. The driveway is an integral part of the building, so any defect in it constitutes a reduction in service, warranting rent cuts for all complaining tenants.

Micheal Associates: DHCR Adm. Rev. Dckt. No. FD 830387-RO (9/20/94) [2-page document]