No Rent Reduction for Vestibule Door Condition

LVT Number: #27239 49

Tenants complained of a reduction in building-wide services based on a number of conditions. The DRA ruled for tenants and reduced their rents. Landlord appealed and won in part. The DRA erred by including “door closing vestibule” as a service deficiency. No defects were found in the main entry doors, intercom, or bell and buzzer system. Therefore, the door closing vestibule was a de minimis condition. The DRA also erred by finding that the compactor door/chute was broken, since the complaint didn’t raise any issue about the missing handle on the compactor door.

Tenants complained of a reduction in building-wide services based on a number of conditions. The DRA ruled for tenants and reduced their rents. Landlord appealed and won in part. The DRA erred by including “door closing vestibule” as a service deficiency. No defects were found in the main entry doors, intercom, or bell and buzzer system. Therefore, the door closing vestibule was a de minimis condition. The DRA also erred by finding that the compactor door/chute was broken, since the complaint didn’t raise any issue about the missing handle on the compactor door. These two items were removed from the list of conditions found to warrant the rent reduction.

 

 

 

 

1646 Union LLC: DHCR Adm. Rev. Docket No. DV230009RO (7/15/16) [4-pg. doc.]

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