Windows Very Difficult to Open

Tenant complained of a reduction in services. She said her windows were very hard to open. The DRA ruled for tenant. Landlord appealed, claiming that this was a minor condition. The DHCR ruled against landlord. Under DHCR policy, landlord is required to provide windows that the average person could open without difficulty. Landlord didn't have to provide special accommodations due to tenant's age or infirmity. However, the DHCR's inspector found that the windows were very difficult to open. So, applying the average person test, the DRA correctly found that services weren't being maintained.

Residential Management, Inc.: DHCR Adm. Rev. Dckt. No. TE410010RO (9/9/05) [3-pg. doc.]