Public Area Window Conditions Weren't Minor

Rent-stabilized tenants complained of a reduction in building-wide services. Tenants claimed that windows in the hallways, staircase landings, and recycling rooms needed repairs or adjustments. Landlord claimed that all windows were properly functioning. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on restoration of services. The DRA ruled for landlord in part. Landlord appealed and lost. The DHCR's inspector found that some windows had been repaired, but not others. Landlord argued that any remaining window defects were de minimis--that is, minor--under Rent Stabilization Code Section 2523.4. But the RSC provision cited applied only to "sealed, vented, basement or crawl space windows, other than in areas used by tenants." The public hallway windows in this case were used by tenants and therefore weren't subject to the de minimis exception found in the RSC.

219 West 81st Residential Holdings LLC: DHCR Adm. Rev. Docket No. GV430011RO (11/6/19) [2-pg. doc.]