Rusted Fire Escape Isn't a Minor Condition

Rent-stabilized tenant complained of a reduction in building-wide services. The DRA ruled for tenant based on a rusted fire escape, and reduced tenant’s rent. Landlord appealed and lost. Landlord claimed that the condition of the fire escape was de minimis--that is, minor--and didn’t warrant a rent reduction. The DHCR disagreed. First, landlord didn’t raise this issue before the DRA and couldn’t do so for the first time in its PAR. Second, Rent Stabilization Code Section 2523.4(e)(17), cited by landlord, was inapplicable since it listed painting of interior public areas of a building as a potentially de minimis condition. Finally, the DHCR’s inspector found that the fire escape was extremely rusted with chipped and peeling paint, a condition that could present a hazard for individuals having to use the fire escape in an emergency. This wasn’t a de minimis condition.

S & L Silver LLC: DHCR Adm. Rev. Docket No. DW610011RO (4/14/16) [3-pg. doc.]