Sloping Floors Not Minor Condition

LVT Number: #20696

Tenant complained of a reduction in services based on sloping floors in the kitchen, one bedroom, and a hallway in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that this was a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. Landlord had a duty to maintain the building in good condition and to repair conditions caused by aging of the building structure. Even if tenant's floors had sloped since he moved into the apartment, this wasn't a minor condition, and landlord was required to fix it.

Tenant complained of a reduction in services based on sloping floors in the kitchen, one bedroom, and a hallway in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that this was a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. Landlord had a duty to maintain the building in good condition and to repair conditions caused by aging of the building structure. Even if tenant's floors had sloped since he moved into the apartment, this wasn't a minor condition, and landlord was required to fix it.

Peters & Jacobovitch: DHCR Adm. Rev. Docket No. WD210014RO (6/6/08) [2-pg. doc.]

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