Sloping Apartment Floor Not Minor Condition

Tenant complained of a reduction in services. He said that the floor in his apartment wasn't level. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that a flat floor wasn't a required service. Landlord also argued that the floor was found to have sloped one and one-half inches, that this was a minor condition, and that repairing the condition would be economically unfeasible and unduly burdensome. The DHCR ruled against landlord. The DHCR inspection showed that the floors throughout the apartment were slanted, as the floors sloped one and one-half inches for every three feet in length that the inspector measured. Tenant has the right to have level, or nearly level, floor. This wasn't a minor condition. Tenant stated that the condition damaged his furniture and he had to prop up the furniture to remain level. And the condition created a gap between the floors and walls, which allowed vermin to enter the apartment. The slanted floors also existed throughout the apartment, not just in one small area. Landlord also didn't claim that repairs were economically unfeasible before the DRA, so this claim wouldn't be considered on appeal.

Manhattan Triad Associates: DHCR Adm. Rev. Docket No. VI420033RO (11/30/07) [3-pg. doc.]