Landlord's Redesign of Tenant's Bathroom Reduced Required Services

Rent-stabilized tenant complained of a reduction in required services. Tenant claimed that landlord demolished and renovated her bathroom by making it smaller and the entrance and use of the toilet space narrower. Tenant also claimed that the sink wasn't restored to its original space. The DHCR's inspector reported that landlord's redesign of the bathroom impeded access into the bathroom and reduced the size of the bathroom. The vanity cabinet extended 8 inches beyond the entrance door, the toilet bowl was close to the cabinet, and there was inadequate space between the toilet bowl and the vanity cabinet. The inspector also reported that tenant was visually impaired and that the extended vanity cabinet posed a hazardous condition. The DRA ruled for tenant and reduced her rent.

Landlord appealed and lost. Landlord argued that its redesign of tenant's bathroom was to replace the drywall on one wall and to replace outdated fixtures with modern fixtures. There was no change in the interior space of the bathroom, the bathroom dimensions hadn't been reduced, and there were no structural changes. Landlord also said that the change didn't impede access into the bathroom and that the bathroom vanity cabinet was among the smallest of cabinets that could fit within the bathroom and underneath the sink. It was placed inside the bathroom during redesign at the tenant's request. Landlord also said there were no other alternatives to the positioning of the toilet bowl. Tenant claimed that she didn't request the bathroom demolition, redesign, or modification. Landlord also didn't respond to the DRA's request for additional information and didn't raise the claims raised in its PAR before the DRA.

William Yang, LLC: DHCR Adm. Rev. Docket no. FP210028RO (7/12/18) [4-pg. doc.]