DHCR Rent Reduction for Air and Light Blocked by New Construction Was Irrational

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services based on the obstruction of air and light in their apartment windows. The DRA ruled for tenants and reduced their rents. Landlord appealed, and the DHCR denied landlord's PAR. Landlord then filed an Article 78 petition, and argued that the DHCR's decision was arbitrary, capricious, irrational, and based on error of law.

The court ruled against landlord, who appealed and won. The appeals court reversed and revoked the rent reduction order. The order was based on the reduction of air and light through the windows due to the erection of an adjacent building and not due to the landlord's failure to repair or maintain the windows. Landlord had no control over the erection of the building next door and had no ability to restore air and light to the tenants' windows.

Surat Realty v. DHCR: Index No. 2021-03420 (App. Div. 2 Dept.; 4/10/24; Brathwaite-Nelson, JP, Chambers, Warhit, Taylor, JJ)