Basement Shower Removed

Tenant complained of a reduction in services because landlord had removed a second shower from the basement portion of her apartment. The DRA ruled against tenant. The DRA found that this shower was for recreational purposes only and that DOB determined that it was illegal. Tenant appealed, claiming that she had no notice that the second shower was illegal or for recreational purposes only. The DHCR ruled for tenant. There was no proof that landlord notified tenant that the second shower was for recreational purposes. Landlord had installed the second shower in the basement level of tenant's apartment before tenant moved in. So tenant lost the benefit of this service when landlord had to remove it based on DOB's determination. The DHCR reduced tenant's rent by 6 percent and ordered that future rent increases must be based on the rent, as reduced.

Descoteau: DHCR Adm. Rev. Dckt. No. TC420019RT (1/19/06) [8-pg. doc.]