Landlord Can Eliminate Door

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord asked DHCR for permission to modify services. Landlord wished to eliminate a door between the kitchen of tenant's apartment and the commonexterior hall. Landlord was willing to accept a rent reduction in connection with this change in services. The apartment was a studio apartment with two doors and a fire escape. The DHCR ruled against landlord, based on its finding that both the entrance and the fire escape were at the same room, and if there were a fire in that room, there would be no other means to exit. Landlord then appealed to the court, arguing that the DHCR's decision was arbitrary and unreasonable. The court ruled for landlord. Landlord had pointed out that the door in question violated the law because it wasn't fireproof. Landlord also showed that the kitchen door wasn't a legally required second means to exit the apartment. It was only 12 feet from the apartment's actual entrance door. If the kitchen door were closed off, the apartment would fully comply with the fire laws, since there was also a fire escape. Landlord's proposed change would meet a physical and safety requirement by eliminating a non-fireproof door that was in violation of the fire code. This wasn't inconsistent with rent stabilization. The court revoked the DHCR's decision and sent the case back to the agency for further consideration.

640 10th Ave. Assocs. v. DHCR: Index No. 118092/04 (Sup. Ct. NY 8/3/05; Stone, J) [8-pg. doc.]