Loss of Space Not Minor

Facts: Landlord installed new piping in a building complex, which included installation of new risers and resulted in a reduction of space in tenants' apartments. Landlord applied to the DRA for permission to modify services. The DRA ruled for landlord but permanently reduced tenants rents by $6 per room per month. Landlord appealed, claiming that any loss of space was de minimus and pointing out that the DHCR had disallowed any rent reduction for tenants who complained of a reduction in services based on the riser installation. DHCR: Landlord loses. The space reduction wasn't minor. Landlord installed three parallel risers in the apartments, which required vertical soffits taking up one to one and one-half feet or more. The piping also included branches connecting to heating units located in the middle of apartment walls, so there were also horizontal soffits. These soffits weren't confined to corners of the apartments.

209-39 23rd Ave.: DHCR Adm. Rev. Dckt. Nos. JD110097RO et al. (2/8/99) [4-pg. doc.]