Sticky Windows Not Minor Condition

Rent-stabilized tenant complained of a reduction in services, claiming that her newly installed apartment windows were hard to open and close. The DRA ruled for tenant and reduced her rent. Landlord appealed, arguing that this was a de minimis--or minor--condition that didn't warrant a rent reduction. The DHCR ruled against landlord. Although landlord claimed that, in another case, the DHCR had allowed landlord to adjust windows without a rent reduction, here landlord had ample opportunity but failed to do so. The DHCR's own inspector, an "average" person, also had difficulty operating the seven windows checked in tenant's apartment.

Highlawn Associates: DHCR Adm. Rev. Docket No. YL210020RO (8/12/11) [3-pg. doc.]