Landlord Can Replace Rent-Stabilized Tenant's Kitchen Window with Exhaust System

Landlord asked the DHCR for permission to modify services to tenant's apartment in order to seal the kitchen window of the apartment and install an exhaust system vent. The DRA ruled for landlord, provided that landlord install and operate the exhaust system 24 hours, seven days per week at its sole cost and that tenant's monthly rent be reduced by 20 percent.

Tenant appealed and lost. RSC Section 2522.4(d) allows a landlord to file an application to eliminate apartment space or essential services in exchange for a reduction in the legal regulated rent as long as such elimination isn't inconsistent with Rent Stabilization Code and Rent Stabilization Law. The DRA correctly relied on DOB's approval of landlord's construction plan since the DHCR didn't have the authority or expertise to enfoce building code or work permit laws. It was within DOB's authority over the Building Code to determine if landlord was in compliance with the applicable codes or laws. Tenant claimed in her PAR that landlord falsely stated that the apartment's cooking area was a kitchenette. Tenant claimed that it was a kitchen that, by law, must have a window. But the room's status wasn't a factor in the DRA's ruling. And, contrary to her claim on appeal, tenant had objected to removal of the kitchen window and not to the installation of the exhaust system or 20 percent rent reduction. Tenant also was afforded due process and given a chance to respond to landlord's application before it was decided.

Harris: DHCR Adm. Rev. Docket No. 32467 (2/7/23)[3-pg. document]