Landlord Removed Bathroom Skylight

Tenant complained of a reduction in services based on landlord's removal of a bathroom skylight in his apartment. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that the city's Building Code permitted either a skylight or a mechanical exhaust system to be installed in bathrooms. Landlord had put in an exhaust system, making it impossible to replace the skylight. Landlord also had built a penthouse apartment above tenant's apartment. The DHCR said tenant's bathroom previously had a skylight, so it was a required service under rent stabilization. Landlord hadn't asked the DHCR for permission to remove the skylight. The DHCR couldn't interpret or enforce the city's Building Code, and any questions regarding the legality of the penthouse construction or adequacy of tenant's bathroom ventilation must be raised in a court.

337 Group, LLC: DHCR Adm. Rev. Docket No. UD410025RO 7/26/06 [3-pg. doc.]