Failure to Fix Toilet Flusher Isn't Minor Condition

LVT Number: #26515

Rent-stabilized tenant complained of a reduction in services based on a toilet’s broken flushing apparatus, which caused water to continuously run into the toilet. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that this was a de minimis condition that didn’t warrant a rent reduction. The DHCR ruled that the failure to fix the toilet flusher is not de minimis. Landlord didn't repair the condition. Making needed repairs is a required service.

 

 

 

Rent-stabilized tenant complained of a reduction in services based on a toilet’s broken flushing apparatus, which caused water to continuously run into the toilet. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that this was a de minimis condition that didn’t warrant a rent reduction. The DHCR ruled that the failure to fix the toilet flusher is not de minimis. Landlord didn't repair the condition. Making needed repairs is a required service.

 

 

 
Parkash 2454, LLC: DHCR Adm. Rev. Docket No. CV610010RO (7/11/15) [2-pg. doc.]

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