Landlord Can Relocate Building Entrance

Facts: In 1983, landlord obtained got a DOB permit to alter his building to create a medical office and residence for himself. The plans provided that the building's lobby would be used as a waiting room and that tenants would enter through a newly constructed lower lobby. Landlord planned to install a new intercom, door buzzer, and security system. Landlord didn't file any application with the DHCR, although required to do so. After construction began in 1984, tenants complained of harassment. In 1987 the DHCR fined landlord and directed him to get a DRA order permitting the change of the building entrance's location. Only one tenant remained in the building by this time. The DHCR ultimately gave landlord permission to modify the building-wide services to require that tenant use the new building entrance. Tenant appealed. Court: Landlord wins. The DHCR's ruling had a rational basis. Tenant wasn't deprived of access to the building or her apartment. Landlord had already gone to great expense to make the changes, and it would be impractical to force landlord to disrupt his medical practice. The court overturned a lower court decision granting tenant's appeal

[Matter of Weitzner: NYLJ, p. 25, col. 6 (2/11/93) (App. Div. 1 Dept.; Carro, JP, Wallach, Asch, Kassal, JJ)].