Bulging Bulkhead, Graffiti, and Nonleveling Elevator Not Minor Conditions

Rent-controlled tenant complained of a reduction in required services. Among other things, she claimed that the elevator wasn't leveling properly, that a bulkhead wall was bulging and cracking in an area measuring 5 feet by 1/2 foot, and there was graffiti on the building walls. The DRA ruled against tenant, finding that these were minor conditions not warranting a rent reduction. Tenant appealed and won. Although hairline cracks in walls and ceilings are listed as minor conditions in the rent control regulations, the more extensive bulkhead condition was confirmed by DHCR inspection and was not minor. The graffiti also wasn't a minor condition because it wasn't removed within a reasonable time. And the elevator condition created a tripping hazard. This wasn't a minor condition either. Tenant's monthly rent was reduced by $5 for the bulkhead condition, $5 for the graffiti condition, and $8 for the elevator condition.

Friedman: DHCR Adm. Rev. Docket No. YL220003RT (11/9/11) [6-pg. doc.]