Landlord Can Remove Second Apartment Entrance Door

(Decision submitted by James Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord asked the DHCR for permission to remove a second apartment entrance door, to tenant's kitchen. The DHCR ruled against landlord. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court ruled for landlord and sent the case back for reconsideration. Tenant claimed that removing the door to the kitchen violated fire law. But the court found that the second door to the apartment wasn't required by law. In addition to the front apartment entrance door, there was a fire escape outside an apartment window. Upon reconsideration, the DHCR ruled for landlord. Landlord could modify required services by removing the kitchen door. In exchange, tenant's rent must be reduced by $10 per month. If tenant still believed there was a fire law violation, he must file a complaint with the Fire Department.

640 10th Ave. Associates: DHCR Adm. Rev. Docket No. UB410004RP (5/25/07) [2-pg. doc.]