25 Percent Rent Reduction for Removal of Bedroom Wall

Landlord asked the DHCR for permission to remove a bedroom wall in tenant's rent-stabilized apartment. The DRA ruled for landlord but ordered a 25 percent permanent rent reduction. Landlord appealed, claiming that this wasn't a reduction in services and that tenant received apartment improvements. The DHCR ruled against landlord. Landlord's removal of the bedroom wall changed tenant's apartment from a one-bedroom to a studio apartment. Landlord can get DHCR approval for a modification of services when there is a written agreement between landlord and tenant, the change is required by law, or the change isn't inconsistent with the Rent Stabilization Law. The change that landlord sought actually was a decrease in services rather than a modification, so a permanent rent reduction was warranted. This wasn't a minor change to the apartment. Tenant now had no separate sleeping area. And other claimed apartment improvements weren't relevant.

159 West 71st Street: DHCR Adm. Rev. Docket No. UF410049RO (5/23/08) [2-pg. doc.]