Bathroom Ceiling Leak Condition Wasn't De Minimis

LVT Number: #31256

Rent-stabilized tenant complained of a reduction in services based on a bathroom moisture condition caused by a leak from the upstairs apartment. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that tenant acknowledged work having been done to the bathroom ceiling before he filed his complaint. This doesn't negate the conditions found by the DHCR's inspector. Landlord also claimed that the bathroom moisture was a de minimis--that is, minor--condition.

Rent-stabilized tenant complained of a reduction in services based on a bathroom moisture condition caused by a leak from the upstairs apartment. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that tenant acknowledged work having been done to the bathroom ceiling before he filed his complaint. This doesn't negate the conditions found by the DHCR's inspector. Landlord also claimed that the bathroom moisture was a de minimis--that is, minor--condition. But the DHCR's inspector found evidence of an active water leak coming from the bathroom ceiling. The electric light fixture was soaking, and the bathroom ceiling had blisters and bubbles. The moisture supported his findings.

The Lillian Goldman Family LLC: DHCR Adm. Rev. Docket No. HR410016RO (11/13/20) [3-pg. doc.]

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