Construction in Adjacent Building Blocks Six Windows

January 1, 2001

LVT Number: 14673

Landlord's building was next to a school. The school planned to build an addition that would block six windows in four apartments in landlord's building. Landlord asked the DHCR if this would constitute a decrease in services under the Rent Stabilization Code. In an opinion letter, the DHCR said no. It is the DHCR's policy that reduction in light or air because of construction on an adjacent building isn't considered a reduction in services by landlord. Tenants may have rights under other state laws that the DHCR wouldn't handle.

Landlord's building was next to a school. The school planned to build an addition that would block six windows in four apartments in landlord's building. Landlord asked the DHCR if this would constitute a decrease in services under the Rent Stabilization Code. In an opinion letter, the DHCR said no. It is the DHCR's policy that reduction in light or air because of construction on an adjacent building isn't considered a reduction in services by landlord. Tenants may have rights under other state laws that the DHCR wouldn't handle.

DHCR Opin. Ltr. by Charles Goldstein (7/11/00) [1-pg. doc.]

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