Landlord Removed Bedroom Wall in Tenant's Apartment

Rent-stabilized tenant complained of a reduction in services. Landlord had removed a bedroom wall in tenant's apartment. The DRA ruled for tenant. Landlord appealed, claiming that it had to remove the bedroom wall to comply with the New York City Building Code and to obtain a certificate of occupancy during a substantial rehabilitation of the building. The DHCR ruled for landlord. Tenant appealed, claiming that the DHCR's decision was unreasonable. The court sent the case back to the DHCR for reconsideration. The DHCR then ruled for tenant. Landlord argued that removal of the bedroom wall was required under the Building Code. Even if tenant's bedroom was only seven feet at the widest area, it complied with the applicable building code, even if it didn't comply with the current building code.

Halpern Realty, LLC: DHCR Adm. Rev. Docket No. TJ410012RP (9/28/07) [3-pg. doc.]