Landlord Removed Second Apartment Door Without DHCR Approval

Rent-stabilized tenant complained of a reduction in services. Tenant claimed that landlord removed the back door to the apartment and bricked up the door area. That door had given tenant access to a portion of the building's garage roof that tenant used as a terrace for more than 50 years. Landlord claimed there was no service reduction because it had replaced the door with a window and that landlord never provided tenant with use of the garage roof as a recreational area. Landlord argued that removal of the door was at most de minimis in nature. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord removed the door, which was a required service, without seeking or obtaining permission from the DHCR to modify services. So it didn't matter that landlord removed the door because it intended to replace the garage roof and couldn't obtain a warranty from the manufacturer for roof replacement due to tenant's use of the roof.

Brussels Leasing Limited Partnership: DHCR Adm. Rev. Docket No. FT110059RO (7/20/18) [3-pg. doc.]