Landlord Must Maintain Wooden Deck on Tenant's Balcony

Tenant complained of a reduction in services after landlord removed the wooden deck from tenant's apartment balcony. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that prior tenant installed the deck without landlord's permission. Landlord removed the deck to repair a drain pipe that was leaking and installed a new rubberized surface. Landlord also said that the deck was illegal because it was installed without a DOB permit and wasn't fireproof. Landlord also argued that the condition was minor and didn't warrant a rent reduction. The DHCR ruled against landlord. Prior tenant submitted a sworn statement saying that she had repaired and pressure-treated the deck at different times while she lived in the apartment. In return, landlord gave her rent credits. This indicated that landlord took responsibility for the deck. Landlord also hadn't proved that the wooden deck was illegal. There were no DOB or HPD violations. If the deck was illegal, landlord could apply to DHCR for permission to discontinue this required service.

Mengoni: DHCR Adm. Rev. Docket No. UJ410020-RO (3/23/07) [3-pg. doc.]