Standing Water in Meter Room Created Reduction in Services

January 28, 2019

LVT Number: #29894

Tenants complained of a reduction in building-wide services. Among other things, they claimed that there was standing water in the building's meter room. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the condition was de minimis--that is, minor. Landlord pointed out that tenant access wasn't intended for this room. But the door wasn't locked and tenants could get access. Standing water in a meter room isn't a condition that occurs despite regular maintenance.

Tenants complained of a reduction in building-wide services. Among other things, they claimed that there was standing water in the building's meter room. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the condition was de minimis--that is, minor. Landlord pointed out that tenant access wasn't intended for this room. But the door wasn't locked and tenants could get access. Standing water in a meter room isn't a condition that occurs despite regular maintenance. It's not de minimis but presents a fire, health, and safety hazard. Moisture in the building could cause a mold condition to develop. It could also be a breeding ground for insects. The DHCR ruled against landlord.

Kage Realty, LLC: DHCR Adm. Rev. Docket No. GP130002RP (11/16/18) [3-pg.doc.]

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