Two Out of 150 Common Area Windows Still Defective

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents in 2017 based on a finding of defective windows on the first, third, fourth, and sixth floors of the building. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord after its inspector found sashes on the sixth floor staircase "B" window misaligned and the window not opening, closing, or locking properly. The inspector also found the third floor rear window was misaligned with the window not opening, closing, or locking properly.

Landlord appealed and lost. Landlord argued that, since the inspector found only two defective common area windows out of 150 total, and neither of which had cracked glass, this was de minimis--that is, minor--and didn't warrant denial of landlord's rent restoration application. The DHCR disagreed. The inability to open, close, or properly lock a window wasn't a de minimis condition. Landlord was required to provide windows that the average person would have no difficulty operating. The DHCR's inspector was unable to open, close, or properly lock the two windows cited. And it didn't matter that there were a total of 150 windows involved. 

Eagle Hamilton Associates LLC: DHCR Adm. Rev. Docket No. HU410013RO (11/13/20) [2-pg. doc.]