Landlord's Removal of Partition Reduced Required Services in Tenant's Apartment

Rent-stabilized tenant complained of a reduction in services. Tenant claimed that landlord removed a wall partition in tenant's apartment. This resulted in tenant's loss of a bedroom and decreased the number of rooms in the unit from four to three rooms. The DRA ruled for tenant, and both reduced and froze tenant's rent until such time as the DHCR issued a rent restoration order. The DRA further noted that, if landlord couldn't legally re-install the partition, landlord could apply to the DHCR for permission to modify required services. Landlord appealed, but the DHCR denied landlord's petition for administrative review (PAR). Landlord then filed an Article 78 court appeal, arguing that because tenant didn't object to landlord's listed room count of three rooms in a separate DHCR MCI application proceeding, tenant couldn't claim that the room number decrease was a reduction in services.

The court ruled against landlord. The DHCR's decision that landlord's removal of the partition and reduction in room number constituted a failure to maintain required services had a rational basis. This was a different issue than the issue raised in the MCI proceeding as to whether landlord was entitled to a rent increase for building exterior work. So the room count in the MCI matter didn't preclude the DHCR's decision in the service reduction case.

Macombs Place LLC v. DHCR: Index No. 260029/2020, 2021 NY Slip Op 50306(U)(Sup. Ct. Bronx; 4/14/21; Armstrong, J)