Landlord Can Reduce Size of Apartments to Comply with Building Code

Landlord asked the DHCR for permission to modify the square footage of 24 apartments in its building, subject to the imposition of rent reductions. The DRA ruled for landlord, provided that tenants whose apartment space was reduced would get at least a 5 percent rent reduction. Tenants appealed and lost. Landlord showed that it intended to extend the existing fire-rated corridor to the east and west outermost walls of the building in order to allow for secondary emergency egress through existing fire escapes and a new open exterior staircase. These actions were necessary to comply with current Building Code requirements. The work would reduce the outer dimensions of 18 A- and D-line apartments, while increasing the outer dimensions of six B1 line apartments. Review of the proposal, including comments from DOB, showed that the fire safety requirements mandated either the work as proposed by landlord or reducing the number of apartments in the building. To the extent that tenants claimed that the proposed work would be a "partial actual eviction," they must seek further relief from a court, not the DHCR.

Vargas: DHCR Adm. Rev. Docket No. FW430026RT (5/25/18) [6-pg. doc.]