Landlord Improperly Changed Heat and Hot Water Service

Rent-stabilized tenant complained of a reduction in services based on changes made to her apartment after a building fire. She claimed that: (a) landlord placed a heating system in front of her kitchen sink and cabinets, preventing the cabinets from fully opening and making it difficult to use the kitchen sink; (b) the kitchen floor was slanted; (c) the bathroom, bedrooms, and living room were decreased in size; (c) bedroom closets were removed; and (d) the tenant was now required to pay for heat and hot water, although not previously required to do so.

Landlord pointed out that a fire completely damaged the building before it bought the building in 2016. Its building restoration included installation of individual heat and hot water heaters. Landlord denied reducing tenant's apartment space.

The DRA ruled for tenant and reduced her rent, after DHCR inspection confirmed that the water heating unit in the kitchen did obstruct usage of the sink and cabinet door. Also, the bathroom sink wasn't standard size, the toilet was placed too close to the shower stall and front wall, and the apartment-wide electric heating units and kitchen water heating units were connected to tenant's electric bill.

Landlord appealed and lost. The conditions found weren't de minimis--that is, minor. And, while landlord claimed that it paid for tenant's heat and hot water, this wasn't proved. And landlord hadn't as yet obtained any permission from the DHCR for a modification of services.

Triple 5 Capital LLC: DHCR Adm. Rev. Docket No. HN210023RO (2/20/20) [3-pg. doc.]