Landlord Must Re-Install Terrace Awnings

Landlord asked the DHCR for permission to discontinue providing terrace awnings to six sixth-floor apartments. Landlord had removed the awnings to do repairs and claimed that reinstallation could cause structural damage to the building and its bricks, and would void the contractor's warranty on the exterior work. The DRA ruled against landlord. Landlord appealed and lost. Landlord asked for permission to modify this required service after removing the awnings and after tenants filed a complaint claiming a decrease in services. Tenants submitted an affidavit from an engineer stating that the awnings could be reinstalled. The terrace awnings were a base date service. Landlord's choice of cored bricks, a building material that may not accommodate the terrace awning replacement, didn't relieve landlord from its obligation to restore this service.

69-39 Yellowstone Boulevard: DHCR Adm. Rev. Docket No. VJ110066RO (2/29/08) [3-pg. doc.]