Landlord Replaced Apartment's "Patio" Doorway with Window

Tenant complained of a reduction in services after landlord removed a "patio doorway" from tenant's apartment bedroom and replaced it with a window. Landlord pointed out that the double-hung window was code compliant, that the doorway had led onto the building's garage roof, and that access to the roof for evacuation purposes wasn't eliminated since emergency egress was still available through the window. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord had removed the door and replaced it with a window without seeking and obtaining prior permission from the DHCR. So the DRA properly reduced tenant's rent based on a reduction in required services.

Auburn Leasing LLC: DHCR Adm. Rev. Docket Nos. FR110011RO, FR110012RO (12/7/18) [7-pg. doc.]