Window Sash Can't Fully Tilt

Rent-stabilized tenant complained to the DHCR that a window guard installation prevented proper opening of his window. The DRA ruled for tenant and reduced his rent based on a finding that the south bedroom window sash can't be tilted. Landlord later sought rent restoration based on the restoration of services. The DRA ruled against landlord, who appealed and lost. Landlord claimed that the window guard was installed inside the window as tenant requested. The DHCR's inspector found that the window sash tilt was limited because of the size of the window guard. Since landlord didn't correct the window sash tilt condition, landlord wasn't entitled to restoration of tenant's rent.

100 Madison Street: DHCR Adm. Rev. Docket No. AN410036RO (3/4/13) [2-pg. doc.]