Window Condition Not Minor

July 31, 2008

LVT Number: #20628

Tenant complained of a reduction in services. She claimed that the lower sash of her kitchen window slid down when the window was opened. The DRA ruled for tenant and reduced her rent after inspection confirmed the condition. Landlord appealed, claiming that this was a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. The window didn't stay open and slides down when opened. This could cause injury to tenant and therefore wasn't a minor condition.

Tenant complained of a reduction in services. She claimed that the lower sash of her kitchen window slid down when the window was opened. The DRA ruled for tenant and reduced her rent after inspection confirmed the condition. Landlord appealed, claiming that this was a minor condition that didn't warrant a rent reduction. The DHCR ruled against landlord. The window didn't stay open and slides down when opened. This could cause injury to tenant and therefore wasn't a minor condition.

Toskic: DHCR Adm. Rev. Docket No. WB420041RO (5/16/08) [2-pg. doc.]

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