Dirty Hallway Carpeting Not a Minor Condition

LVT Number: #25383

Tenants complained of a reduction in building-wide services based on dirty or soiled carpeting in the building's hallways. The DRA ruled for tenants, finding that landlord failed to maintain janitorial services, and reduced their rents. Landlord appealed and lost. Landlord claimed that the condition was de minimis--that is, minor--and didn't warrant a rent reduction.  But the dirty or soiled condition of the carpeting found by the DHCR wasn't a minor condition. It went beyond isolated stains on otherwise clean carpets. 

Tenants complained of a reduction in building-wide services based on dirty or soiled carpeting in the building's hallways. The DRA ruled for tenants, finding that landlord failed to maintain janitorial services, and reduced their rents. Landlord appealed and lost. Landlord claimed that the condition was de minimis--that is, minor--and didn't warrant a rent reduction.  But the dirty or soiled condition of the carpeting found by the DHCR wasn't a minor condition. It went beyond isolated stains on otherwise clean carpets. 

PWV Acquisition, LLC: DHCR Adm. Rev. Docket No. BP430039RO (2/21/14) [3-pg. doc.]

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