Uneven Sidewalk Condition Was Minor

LVT Number: #29893

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings that some areas of the sidewalk in front of the building were uneven and that there was water accumulation on the meter room floor. Landlord appealed and won, in part. The sidewalk condition didn't warrant a rent reduction. DHCR inspection found none of the sidewalks in question were cracked, broken, or represented a trip hazard.

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents based on findings that some areas of the sidewalk in front of the building were uneven and that there was water accumulation on the meter room floor. Landlord appealed and won, in part. The sidewalk condition didn't warrant a rent reduction. DHCR inspection found none of the sidewalks in question were cracked, broken, or represented a trip hazard. Rent Stabilization Code Section 2523.4(e) also lists sidewalk cracks that don't create a tripping hazard as a de minimis, or minor, condition. And the minor uneven slope of the sidewalks that also were found not to constitute a trip hazard were similarly de minimis

Kage Realty, LLC: DHCR Adm. Rev. Docket No. GP130002RP (11/16/18) [3-pg. doc.]

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