Removal of Sixth Building Exit Is De Minimis Condition

Tenant complained of a reduction in building-wide services based on landlord's removal of one of the building's six exits. Tenant said this was done when landlord converted a tenant recreation room into an apartment. The DRA ruled against tenant. Tenant appealed and lost. The DHCR inspection showed that there were five other building exits: two from the basement, one at the ground-floor lobby, and two from the roof. Tenant didn't formally complain about the sixth exit removal for more than four years after it had been removed. This created a presumption that it was a minor condition, and no rent reduction was warranted.

Holmes: DHCR Adm. Rev. Docket No. UH610046RT (1/31/07) [2-pg. doc.]