Landlord Can't Reduce Apartment Spaces to Add Elevator

Landlord asked the DHCR for permission to decrease dwelling space for three rent-stabilized tenants and one rent-controlled tenant, so that it could install a new elevator. The DRA ruled for landlord and ordered a 22 percent rent reduction for each affected tenant. Tenants’ PAR was denied. Two tenants then filed a court appeal, and the court sent the case back to the DHCR for reconsideration.

The DHCR then ruled for tenants and denied landlord’s application. Dwelling space within an apartment is a required service under rent regulations. Tenants’ consent wasn’t required if the decrease in space is required by law or otherwise consistent with the rent laws. But landlord’s proposal would reduce tenants’ space from 495 to 385 square feet and would eliminate the eat-in kitchens and 30-inch windows. There is no other eating area in the apartments. Also, a living room wall would have to be demolished to accommodate a kitchenette. This would decrease the living room space and possibly affect the ability to fit furniture. There also was no legal requirement for an elevator in the building. Based on all the facts, it would be inappropriate to permit the decrease in tenants’ dwelling space.

240 Waverly Place: DHCR Adm. Rev. Docket No. XI430005RP (2/17/10) [6-pg. doc.]