Landlord Wants to Add Glass-Enclosed Terrace

Landlord asked the DHCR if it could charge a first rent for a rent stabilized apartment by adding a terrace to the existing structure. In an opinion letter, the DHCR pointed out that a landlord can collect a first rent for an apartment if the outer dimensions have been significantly altered. If landlord installed a 60-70 square foot terrace with a railing outside the apartment, this wouldn't qualify since it could only be used for part of the year. However, if landlord enclosed the proposed terrace with glass and installed heating, lighting, and electrical outlets, the addition would probably qualify as a significant alteration warranting a first rent.

DHCR Opin. Ltr. by Charles Goldstein (8/12/97) [2-page document]