Landlord Must Restore Terrace Awning

Tenant complained of a reduction in building-wide services based on the removal of terrace awnings. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that re-installing the terrace awnings after exterior restoration work could cause structural damage to the building and its bricks. This in turn could void the contractor's warranty on exterior work done to the building. Cored brick was used in the building restoration, and it was nearly impossible to penetrate the bricks without damaging them. Landlord also argued that tenants received a rent abatement. The DHCR ruled against landlord. The issue in this case wasn't whether awning replacement would damage the building, but that the terrace awnings weren't replaced after removal. Before landlord did exterior work to the building, terrace awnings were a building service. The awnings shielded tenants and their apartments from sunlight. It wasn't a minor service. In addition, landlord gave tenants a rent abatement to refrain from complaining to the DHCR or HPD without notifying landlord and giving it a chance to cure while landlord worked to abate water leaks, mold conditions, and to restore the building. The rent abatement wasn't given in exchange for loss of the terrace awnings.

Kalikow Family Partnership: DHCR Adm. Rev. Docket No. VI110061RO (12/21/07) [2-pg. doc.]