Reduced Building-Wide Services Were Not De Minimis

Rent-stabilized tenants complained to the DHCR in late 2022 of a reduction in building-wide services based on a number of claimed conditions. The DRA ruled for tenants in 2023, reduced their rents, and directed landlord to restore services. The DRA found that there was paint/plaster on the ceiling and stair banisters and that janitorial services on the stairs weren't being maintained at the time of DHCR inspection.

Landlord appealed and lost. Landlord claimed that it didn't know the complaint had been filed, that there was no rational basis for the rent reduction, that the claimed conditions didn't exist, and that the determined service reduction was de minimis. Landlord also claimed that the stair banisters on the A side of the staircase didn't have peeling paint and to the extent that some paint may be missing, it was insubstantial and de minimis. But the DHCR relied on its inspection, which showed that the ceiling on the roof landing had peeling paint and plastering defects, and that there was proof of dirty/peeling paint on floors one through five on the A side banisters. 

414 Avenue N LLC: DHCR Adm. Rev. Docket No. LV210023RO (2/23/24)[4-pg. document]