Failure to Refinish or Shellack Floors Is De Minimis Condition

May 31, 2007

LVT Number: 19670

Tenant complained of a reduction in services. The DRA ruled against tenant and dismissed her complaint after inspection. Tenant appealed, claiming that the apartment floors needed sanding and shellacking after flooding into the apartment. The DHCR ruled against tenant. The DHCR's inspector found no visible defects to any of the floors in the apartment. The floors showed only normal wear and tear. In addition, the failure to refinish or shellack floors is listed in Rent Stabilization Code Section 2523.4 as a minor condition that doesn't warrant a rent reduction.

Tenant complained of a reduction in services. The DRA ruled against tenant and dismissed her complaint after inspection. Tenant appealed, claiming that the apartment floors needed sanding and shellacking after flooding into the apartment. The DHCR ruled against tenant. The DHCR's inspector found no visible defects to any of the floors in the apartment. The floors showed only normal wear and tear. In addition, the failure to refinish or shellack floors is listed in Rent Stabilization Code Section 2523.4 as a minor condition that doesn't warrant a rent reduction.

Ashley: DHCR Adm. Rev. Docket No. UK420020RT (3/2/07) [2-pg. doc.]

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