Addition of Private Stairway in Hallway Reduced Essential Services for Tenant

Rent-stabilized tenant complained to the DHCR of a reduction in essential services based on reduction in the size of the building lobby and second-floor landing, which landlord modified to accommodate a private stairway. Tenant claimed that this created a hazard with respect to egress from her apartment. The DRA ruled for tenant and reduced her rent. The DHCR denied landlord's PAR. Landlord then filed an Article 78 court appeal of the DHCR's decision.

The court ruled against landlord. The DHCR's interpretation of what constituted an "essential service" and whether the extent of a reduction in service in this case was de minimis had a rational basis. The DHCR relied on sufficient proof to make its decision and wasn't required to conduct a trial-type hearing.

The second-floor landing had been reduced from an area measuring 20 feet by 4 feet to one measuring 4 feet by 4 feet, and landlord had added a private staircase and additional door situated 4 feet away from tenant's apartment door. As a result, tenant claimed that, if the new door opened while she was descending the staircase, the door would hit her. Landlord had argued that the work done had complied with NYC's Building Code. The DRA had found that the new second-floor door posed a hazard because it opened outward into the second-floor landing, that door was locked, and it prevented the second-floor tenant from accessing the roof if needed, as in case of fire. 

Chai Found. v. DHCR: Index No. 156431-2022, 2023 NY Slip Op 30735(U), NYLJ No. 1679333482 (Sup. Ct. NY; 3/22/23; Kelley, J)