Landlord's Removal of Skylight Results in Rent Reduction

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, attorneys for the tenant.)

Landlord asked the DHCR for permission to modify services to tenant’s rent-stabilized apartment by eliminating two skylights. Landlord had in fact already removed the skylights. The DRA ruled for landlord in part, giving landlord permission to eliminate the western skylight with a permanent rent reduction of $9 per month. But the DRA ordered landlord to restore the eastern skylight. Both landlord and tenant appealed. Tenant argued that there was no reason that the western skylight should not also be restored, that he had lived in the apartment 40 years, and that he was an artist. Landlord argued that removal of both skylights was needed to operate the building and wasn’t inconsistent with the Rent Stabilization Code.

The DHCR ruled against landlord, and ruled for tenant in part. The western skylight was now sealed and covered by a deck for the penthouse apartment, so it would be impossible to restore. But the $9 rent reduction was insufficient. The DHCR reduced tenant’s rent permanently by the rent guidelines increase in effect when the DRA issued its order. Any future rent increases must be recalculated based upon the reduced rent.

Pavia/Samra: DHCR Adm. Rev. Docket Nos. AO410036RT, AO410031RO (8/19/16) [6-pg. doc.]