Landlord Can Reduce Tenants' Apartment Space

Landlord asked the DHCR for permission to decrease dwelling space in one rent-controlled and three rent-stabilized apartments at its building so that it could add a new elevator. The DRA ruled for landlord. Tenants appealed, claiming that taking 22 percent of each apartment space away wasn't a minor condition, that construction would be disruptive, and that they didn't consent to the alterations. The DHCR ruled against tenants. Both the Rent Stabilization Code and Rent Control regulations permitted landlord to apply to reduce dwelling space or required services in exchange for a reduction in rent. The DRA granted landlord's request on the conditions that tenants' rents were reduced by 22 percent. And landlord must provide new kitchen appliances and flooring for the apartments. During this period, landlords wouldn't charge rent, would give tenants hot plates for cooking, and would move tenants' refrigerators to another part of the apartments.

240 Waverly Place: DHCR Adm. Rev. Docket No. WG430035RT (2/10/09) [6-pg. doc.]