Staircase Windows Were Hard to Open

Rent-stabilized tenant complained that windows throughout the building weren't working properly. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord argued that tenant's rent was reduced for a condition that wasn't stated in tenant's complaint. Landlord also argued that the condition found by the DHCR was de minimis--that is, minor. Tenant's complaint stated that "windows throughout the building did not work properly." The DRA's finding that staircase windows on the first through fourth floors were difficult to open and close was covered by tenant's complaint. And the condition wasn't de minimis. It can be critical in case of emergency, such as a fire, that the building's windows open freely. And, by the time of the DRA's May 2019 inspection report, landlord hadn't corrected the condition.

9-11 Realty Associates, LLC: DHCR Adm. Rev. Docket No. HS410001RO (10/16/20) [2-pg. doc.]