No Rent Restoration Even If Remaining Conditions De Minimis

Tenant complained of a reduction in services based on various apartment conditions. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on the restoration of services. The DRA ruled against landlord, who appealed and lost.  DHCR inspection showed that there was plaster in the bathroom light fixture, leak stains on the bathroom ceiling, and water bubbles on the walls near the window in the living room. Landlord claimed that any remaining defects were minor conditions that shouldn’t have prevented rent restoration. The concept of de minimis conditions doesn’t apply to a rent restoration application. Landlord failed to restore the conditions listed in the DRA’s order, and rent restoration was properly denied.

1580 President LLC: DHCR Adm. Rev. Docket No. DM210019RO (9/25/15) [3-pg. doc.]