Water Accumulation on Terrace Wasn't Minor Condition

LVT Number: #26498

Rent-stabilized tenant complained of a reduction in services based on terrace water accumulation. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. At the time of inspection in February 2014, water, blocked by snow and ice, was accumulating at the southeast corner of tenant’s terrace even though the sole floor drain was located at the northwest corner of the terrace. The terrace appeared to be not properly sloped to allow proper water drainage.

Rent-stabilized tenant complained of a reduction in services based on terrace water accumulation. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. At the time of inspection in February 2014, water, blocked by snow and ice, was accumulating at the southeast corner of tenant’s terrace even though the sole floor drain was located at the northwest corner of the terrace. The terrace appeared to be not properly sloped to allow proper water drainage. At a follow-up inspection in July 2014, the inspector found a puddle of water on the terrace floor that was 8 feet long and 1/2 inch deep. Landlord’s claim that the water accumulation was de minimis wasn’t supported by other evidence. The condition presented a health and safety hazard. 

 

 

Yorkshire Towers Co. LP: DHCR Adm. Rev. Docket No. CU410004RO (7/29/15) [4-pg. doc.]

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