Landlord Can Remove Illegal Staircase

January 1, 1999

LVT Number: 12928

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord asked the DRA for permission to change a required service in the building. Landlord submitted a licensed engineer report stating that a staircase had been removed in the building because it didn't have fire walls, as required by the Multiple Dwelling Law. Landlord had installed a new fireproof stairwell from the first floor leading to a cellar courtyard door. The DRA ruled for landlord.

(Decision submitted by Karen Schwartz-Sidrane of the Lake Success law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord asked the DRA for permission to change a required service in the building. Landlord submitted a licensed engineer report stating that a staircase had been removed in the building because it didn't have fire walls, as required by the Multiple Dwelling Law. Landlord had installed a new fireproof stairwell from the first floor leading to a cellar courtyard door. The DRA ruled for landlord. Landlord had provided a sufficient substitute service by ensuring adequate passage in case of an emergency. Tenants also had access to the basement through the elevator. No rent reduction was warranted for the change.

Various Tenants v. W. 54-7 LLC: DRA Dckt. No. ZLK430006OD (11/27/98) [2-pg. doc.]

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