Landlord Didn't Maintain Janitorial Services

LVT Number: #25693

Forty-seven rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that any failure to maintain services was de minimis--that is, minor. The DHCR ruled for landlord in part but upheld the rent reduction for failure to maintain janitorial services. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord.

Forty-seven rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that any failure to maintain services was de minimis--that is, minor. The DHCR ruled for landlord in part but upheld the rent reduction for failure to maintain janitorial services. Landlord filed an Article 78 court appeal, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR's decision was consistent with the Rent Stabilization Code, and landlord didn't submit to the DHCR any proof that the DHCR inspector's photographs of the building conditions were inaccurate. The deficient janitorial service wasn't a minor condition.

PWV Acquisition v. Towns: Index No. 101344/13, NYLJ No. 1202661508419 (Sup. Ct. NY; 6/17/14; Schlesinger, J)