Landlord's Installation of Gas Piping in Tenant's Apartment Reduced Required Services

Rent-stabilized tenant complained to the DHCR that installation of gas piping in her living room reduced required services because the installation was done in an unworkmanlike manner and reduced her total apartment space. The DRA ruled for tenant and reduced her rent. Landlord appealed to the DHCR and lost. DHCR inspection showed that the cooking gas pipe was installed on the wall in the living room, next to the kitchen, and thereby reduced the living room space by an area of 20 x 5/12 square foot. This also obstructed the living room area. The work effectively reduced the space of the living room and wasn't a de minimis reduction in services.

Landlord then filed an Article 78 court appeal of the DHCR's decision. The court ruled against landlord, who appealed further. The appeals court ruled against landlord. The DHCR's decision was rational. The fact that the pipe was installed in accordance with plans approved by the DOB was irrelevant to the DHCR's enforcement of the rent stabilization law. And the DHCR didn't deny landlord due process by failing to provide landlord with a copy of the DHCR's inspector's report prior to its administrative determination. That report merely confirmed information that was already available to landlord.

495 Estates v. DHCR: Index Nos. 150237/21, App. No. 17557, Case No. 2022-04329, 2023 NY Slip Op 01471 (App. Div. 1 Dept.; 3/21/23; Manzanet-Daniels, JP, Singh, Kennedy, Shulman, JJ)