Installation Reduced Tenant's Living Space

Rent-stabilized tenant complained that landlord reduced the usable space in his apartment based on landlord's "unilateral decision" to replace the prior heat and hot water systems in a manner that required far greater floor area and volume. Tenant also argued that the installation blocked natural light into the studio apartment. In response, landlord stated that it was obligated by law to cure/remedy violations issued by DOB in connection with the old gas heat units and that the new gas unit had replaced two old gas units and saved space in the apartment. Landlord submitted copies of two ECB violations issued in 2009 and 2016. After conducting an inspection, the DRA ruled for tenant and reduced his rent, finding that the installed gas unit and enclosure had created a 3 foot x 3 foot reduction in space within the apartment's living area. The DHCR agreed that tenant was entitled to a rent reduction for the loss of living space and natural light, and noted that landlord was required to file an application to reduce or modify services under RSC Section 2522.4. 

109 Washington Street LLC: DHCR Adm. Rev. Docket No. LS410018RO (1/12/24)[4-pg. document]