Landlord Must Restore Removed Skylight

Landlord asked the DHCR for permission to modify required services by eliminating two skylights in tenant’s apartment. The DRA ruled for landlord in part, permitting removal of the western skylight, reducing tenant’s monthly rent permanently by $9, and ordering landlord to restore the eastern skylight. Landlord and tenant both appealed. The DHCR ruled against landlord, and ruled for tenant in part. Landlord claimed that removal of both skylights was needed for the operation of the building. But the two skylights had been there for 40 years before landlord removed them prior to seeking the DHCR’s permission. The western skylight had been sealed and covered by a deck used by an upper-floor tenant. The eastern skylight was still in place and merely coated with black asphalt paint.  The DRA’s decision therefore was reasonable. The DHCR also found that the $9 rent reduction was insufficient and instead reduced the rent permanently by the last rent guideline rent increase in effect at the time the DRA issued its order in February 2012. 

Pavia/Samra: DHCR Adm. Rev. Docket Nos. AO410036RT, AO410031RO (8/19/16) [6-pg. doc.]