Landlord Removed Second Apartment Entry Doors

Four tenants complained of a reduction in building-wide services. They claimed that landlord had partitioned the common area hallways, resulting in a loss of space in the hallways and the removal of the rear entrance doors to each of the four railroad-style apartments. Landlord claimed that it had to do this to correct an ECB violation and because tenants had put up partitions in their apartments and illegally sublet the rear portions of each apartment. This allowed the illegal subtenants to enter and exit separately from the apartments through the rear entry doors. The DRA ruled for tenants and reduced their rents, claiming that any reduction in services was minor, that tenants still had access to the building hallways, and that landlord had started eviction proceedings against one of the tenants based on illegal subletting and unauthorized alterations. In that case, tenant agreed to the removal and sealing of the second apartment entry door.
Landlord appealed and lost. This wasn't a minor condition since it had more than a minimal impact on tenants and affected their use and enjoyment of the premises. It affected the manner in which tenants were able to use their apartments and created a potentially hazardous situation. HPD also had issued a "B" violation against landlord for putting up the hallway partitions. The violation that landlord referred to in its answer to the DRA was for the partitions inside tenants' apartments. The law didn't require landlord to remove the second entry doors. Landlord didn't present the court agreement to the DRA, and it affected only one tenant. Four tenants had filed the complaint.

Madison NY Realty: DHCR Adm. Rev. Docket No. WH410038RO (10/10/08) [3-pg. doc.]