(e) Certain conditions complained of as constituting a decrease in a required service may be de minimis in nature, and therefore do not rise to the level of a failure to maintain a required service for the purposes of this section. Such conditions are those that have only a minimal impact on tenants, do not affect the use and enjoyment of the premises, and may exist despite regular maintenance of services.
The following schedule sets forth conditions that will generally not constitute a failure to maintain a required service. However, this schedule is not intended to be exclusive, and is not determinative in all cases and under all circumstances. Therefore, it does not include all conditions that may be considered de minimis, and there may be circumstances where a condition, although included on the schedule, will nevertheless be found to constitute a decrease in a required service.
Schedule of De Minimis Conditions Building-Wide Conditions
1. Air conditioner—failure to provide in lobby, hallways, stairwells, and other non-enclosed public areas.
2. Building entrance door—removal of canopy over unlocked door leading to vestibule; changes in door-locking devices, where security or access is not otherwise compromised.
3. Carpeting—change in color or quality under certain circumstances; isolated stains on otherwise clean carpets; frayed areas which do not create a tripping hazard.
4. Clotheslines—removal of, whether or not dryers are provided.
5. Cracks—sidewalk cracks which do not create a tripping hazard; hairline cracks in walls and ceilings.
6. Decorative amenities—modification (e.g., fountain replaced with rock garden); removal of some or all for aesthetic reasons.