Construction Next Door Reduced Light and Air in Units

Five rent-stabilized tenants complained of a reduction in services in their apartments due to decreased light and air caused by construction of a building next door. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord pointed out that it didn't own the next door property. Landlord also argued that tenants' leases held landlord harmless from permanent interference with light or air due to construction on property not owned by landlord. But the DHCR stated that it wasn't a party to tenants' leases, and that tenants may not waive a benefit they are entitled to under the rent laws. The DHCR also disregarded a July 11, 2000, opinion letter that it had issued stating that, in the DHCR's opinion, reduction of light or air due to construction of additional stories on an adjacent building wasn't a decrease in service. The DHCR also noted that it had issued prior orders in other, unrelated cases, finding reduced services due to construction of other buildings.

Surat Realty: DHCR Adm. Rev. Docket Nos. GQ210021RO - GQ210025RO (5/16/19) [15-pg. doc.]