Landlord Must Remove Security Gate Cited in HPD Violation

Landlord applied for permission to decrease a required service. Landlord wished to remove a security gate across a storefront that was now used as an apartment. The DRA ruled for landlord and granted permission to remove the security gate on the condition that tenant's rent be reduced by $27. Landlord and tenant both appealed. Landlord claimed that the rent reduction was too great. Tenant claimed that the rent reduction wasn't enough and that landlord should be required to install an iron fence with a gate door. The DHCR ruled for landlord and against tenant. The security gate was an HPD violation because it blocked fire egress from tenant's apartment. And tenant didn't show that HPD would approve the installation of another type of gate. So no substitute service was required. The DHCR reduced the total rent reduction to $12---$10 for the loss of personal space between the gate and the storefront entrance and $2 for removal of the gate.

Ten Be or Not Ten Be, Inc.: DHCR Adm. Rev. Dckt. Nos. NF410075RO and NG410013RT (2/8/00) [4-pg. doc.]