Landlord Can Add Fence to Apportion Terrace Access

Landlord asked the DHCR for permission to put up a fence along a terrace that rent-stabilized tenant shared with an adjoining terrace. The fence would give each tenant exclusive use of the half of the terrace that abutted their respective apartments. The DRA ruled for landlord without ordering any rent reduction. Tenant appealed and lost. Tenant claimed that the entire terrace was a required service that can't be taken away. Alternatively, tenant should get a rent cut. But landlord's proposed service modification wasn't inconsistent with the Rent Stabilization Code. And the modified service was an adequate substitute for what tenant had previously, without any rent reduction.

203 East 74th Street: DHCR Adm. Rev. Docket No. BN410001RP (4/19/13) [3-pg. doc.]