Tenant of Building Complex Can Complain About Services Reduced in Separate Building

Rent-stabilized tenant complained to the DHCR of a reduction in building-wide service. The DRA ruled for tenant and reduced his rent, based on findings that janitorial services and a patio sprinkler weren't being maintained. Landlord appealed and lost. Landlord argued that tenant didn't live in the building where janitorial service interruptions were found, that any reduction in that service was temporary, and that the sprinkler was located on a public sidewalk. Tenant lived in one building that was part of a housing complex while the reduced services were claimed to take place at a separate building in the complex. But the cited location was part of the common areas of the building complex, so tenant was entitled to complain about these building-wide services. Landlord also argued that the sprinkler hadn't been working for at least 22 years and therefore this was a de minimis condition. But landlord didn't raise this claim before the DRA so it wouldn't be considered for the first time on appeal. Also, the sprinkler itself had a cracked base, was worn, had defective drainage hardware, and presented trip hazards.

Fieldbridge Associates LLC: DHCR Adm. Rev. Docket No. LN210009RO (6/23/23)[5-pg. document]