Bathroom Skylight Removed

Tenant complained of a reduction in services based on landlord's removal of tenant's bathroom skylight. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the New York City Building Code allowed either a skylight or a mechanical exhaust system to be installed in an apartment bathroom. Landlord had built a penthouse apartment above tenant's and claimed that it had gotten all the required permits. Tenant claimed that there was no mechanical exhaust system. The DHCR ruled against landlord. The DHCR didn't have the expertise to determine whether tenant's bathroom had a proper exhaust system or whether landlord built the new penthouse legally. Nevertheless, landlord didn't seek the DHCR's permission to change the skylight, which was a required service in tenant's apartment. So the DRA properly reduced tenant's rent based on a reduction in services.

337 Group LLC: DHCR Adm. Rev. Dckt. No. UD410025RO (7/26/06) [3-pg. doc.)