Landlord Reduced Apartment's Dwelling Space After Fire

Facts: In 1998, tenants on the second, third, and fourth floors of landlord's building had to move out temporarily due to a building fire. Landlord renovated the apartments and changed configurations before tenant moved back into a second-floor apartment. Tenant then complained of a reduction in services. Landlord had reduced the size of tenant's apartment from 424 to 315 square feet. But landlord had installed new appliances and a bathroom in the apartment. Previously there was only a communal bathroom on the second floor. The DRA ruled for tenant and reduced tenant's rent based on a reduction in services. Landlord then asked the DHCR for permission to permanently reduce tenant's dwelling space. The DRA ruled for landlord. Tenant appealed, arguing that this was contrary to the DHCR's prior rent reduction ruling.

DHCR: Tenant loses. The DHCR's prior ruling didn't bar the agency from considering landlord's new request, even though it was filed eight years after the apartment remodeling that was done without the DHCR's prior approval. Although the change in tenant's apartment wasn't a de minimis, or minor, removal of dwelling space, it didn't seriously interfere with tenant's ability to live in the apartment, which had also in fact been improved. Tenant also received a permanent rent reduction of 25 percent to compensate for the loss in dwelling space.

300 E. 52nd Street: DHCR Adm. Rev. Docket No. VJ420039RT (10/20/10) [5-pg. doc.]