Tenant Waited Too Long to Complain About Window

Tenant complained of a reduction in services. After landlord installed new windows in her apartment, the middle window wouldn't open. Landlord claimed that the condition was minor. The DRA ruled against tenant and dismissed the complaint. Tenant appealed, claiming that she had asked landlord to change the window many times and that she wasn't aware of the existence of the DHCR for many years. The DHCR ruled against tenant. Landlord installed the new windows in 1989. Tenant didn't complain until 2003. Under the rent stabilization code, if more than four years have passed since a condition existed without complaint, it may be considered a minor condition not warranting a rent reduction. Lack of knowledge of the DHCR regulations isn't a valid defense. Since tenant waited so long to complain, the condition was correctly deemed minor.

Hecht: DHCR Adm. Rev. Dckt. No. RG110062RT (6/4/04) [2-pg. doc.]