Landlord Removed Porch Roof

LVT Number: #22022

Rent-controlled tenant in New Rochelle complained of a reduction in services after landlord removed the roof to a porch outside her apartment bedroom. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that the porch roof was a temporary structure that wasn't part of the original building. Landlord also claimed that the City of New Rochelle told him to remove the roof. But documents from the city showed that the city only advised landlord that the roof was about to collapse. There was no directive from the city to remove the roof.

Rent-controlled tenant in New Rochelle complained of a reduction in services after landlord removed the roof to a porch outside her apartment bedroom. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that the porch roof was a temporary structure that wasn't part of the original building. Landlord also claimed that the City of New Rochelle told him to remove the roof. But documents from the city showed that the city only advised landlord that the roof was about to collapse. There was no directive from the city to remove the roof. And tenant had lived in the apartment for 40 years and said the roof was always there during that time.

30 Eastchester Road: DHCR Adm. Rev. Docket No. WK910001RO (4/23/09) [4-pg. doc.]

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