Tenant Waited 19 Years to Complain About Missing Window Screens

Tenant complained of a reduction in services because there were no window screens in her bedroom windows. The DRA ruled against tenant, finding that this was a minor condition that didn't warrant a rent reduction. Tenant appealed. She claimed that the condition wasn't minor, because insects could get into the apartment without window screens. The DHCR ruled against tenant. Tenant claimed that landlord removed the screens when it installed new windows in 1987. Tenant waited 19 years to complain. Under Rent Stabilization Code Section 2523.4(f), the passage of four years or more creates a presumption that the condition complained about is de minimis.

Bendelac: DHCR Adm. Rev. Docket No. UK110019-RT (2/22/07) [2-pg. doc.]