Illegally Constructed Atrium

February 1, 2005

LVT Number: 17893

Tenant complained of a reduction in services. His apartment included a glass atrium that he claimed was illegally constructed and unsafe. The DRA ruled against tenant and told him to file a complaint with DOB. Tenant appealed. In February 2004, ice had broken off the building and crashed though the atrium. Tenant submitted to the DRA proof that DOB had issued a violation for illegal construction and had disapproved landlord's plans to legalize the construction in May 2004. This was sufficient proof that the improperly constructed atrium represented a decrease in services.

Tenant complained of a reduction in services. His apartment included a glass atrium that he claimed was illegally constructed and unsafe. The DRA ruled against tenant and told him to file a complaint with DOB. Tenant appealed. In February 2004, ice had broken off the building and crashed though the atrium. Tenant submitted to the DRA proof that DOB had issued a violation for illegal construction and had disapproved landlord's plans to legalize the construction in May 2004. This was sufficient proof that the improperly constructed atrium represented a decrease in services.

Couri: DHCR Adm. Rev. Dckt. No. SG410086RT (12/2/04) [3-pg. doc.]

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