Rent Reduction Order Amended to Clarify Conditions Found

Rent-stabilized tenant complained of a reduction in apartment services. Tenant claimed that the molding around the apartment entrance door creaked, that molding in the closet was missing, and that the closet door knob was broken. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that tenant didn't grant access to make repairs, and that the DRA's order was based in part on conditions not raised in tenant's complaint. Landlord also argued that conditions complained of were de minimis--that is, minor. The DHCR ruled for landlord in part. The DRA's reference to items were found in multiple places as "apartment-wide" was not in error. But, for the sake of clarity, the DRA's decision was modified to read as "front entry and closet doors molding" needed repair. And, since the positioning of the door wasn't a condition complained of to the DRA, the description with respect to the plumbness of the door was deemed expunged. The DHCR also ruled that the conditions found were not de minimis in nature.

Bronstein Properties LLC: DHCR Adm. Rev. Docket No. FV110020RO (6/3/19) [3-pg. doc.]