Cracked Lobby Floor and Sidewalk Weren't Minor Conditions

LVT Number: #30607

Rent-stabilized tenants complained of a reduction in various services based on lobby floor and sidewalk conditions. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that the cracked floor tiles were a de minimis--that is, minor--condition, and didn't create a trip hazard. Landlord also complained that the DRA didn't request further information before finding that the sidewalk was broken. Landlord claimed that this wasn't a trip hazard either.

Rent-stabilized tenants complained of a reduction in various services based on lobby floor and sidewalk conditions. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that the cracked floor tiles were a de minimis--that is, minor--condition, and didn't create a trip hazard. Landlord also complained that the DRA didn't request further information before finding that the sidewalk was broken. Landlord claimed that this wasn't a trip hazard either. But the DHCR's inspector found that the lobby floor tiles were cracked, chipped, and missing tiles in various area. The sidewalks were found to be cracked and broken in various areas, indicating a trip hazard. These weren't de minimis conditions. 

191 Realty Associates, LP: DHCR Adm. Rev. Docket No. GV430013RO (11/6/19) [3-pg. doc.]

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