Dirt Behind Radiators and Tarnished Mailboxes

LVT Number: 6880

Tenant complained of a reduction in building-wide services based on a number of conditions in the public areas of the building. An inspection showed that the public areas and brass mailboxes needed cleaning and that the baseboard behind the radiators was dirty. The DRA cut tenant's rent based on these conditions, and landlord appealed. The DHCR upheld the rent cut, but only for the dirty public areas. The dirt behind the radiators and condition of the mailbox didn't warrant a rent reduction.

Tenant complained of a reduction in building-wide services based on a number of conditions in the public areas of the building. An inspection showed that the public areas and brass mailboxes needed cleaning and that the baseboard behind the radiators was dirty. The DRA cut tenant's rent based on these conditions, and landlord appealed. The DHCR upheld the rent cut, but only for the dirty public areas. The dirt behind the radiators and condition of the mailbox didn't warrant a rent reduction. Tarnished brass work on mailboxes doesn't warrant a rent cut unless the mailboxes become so grimy that they're unsightly and difficult to use. And the dirt behind the radiator doesn't significantly affect the appearance of the public areas or impair tenant's use of the common space.

Albert: DHCR Adm. Rev. Dckt. No. CL 110168-RO (2/10/93) [4-page document]

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