New Floor Built Above Tenant's Skylight

May 31, 2007

LVT Number: 19630

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA and DHCR ruled against landlord. There was a skylight in tenant's apartment. Landlord had constructed a new floor above tenant's apartment. So the skylight wasn't restored because light was now blocked. Landlord could apply to the DHCR for permission to modify services to tenant's apartment based on the construction. If approved, landlord could then seek rent restoration.

Tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent. Landlord later applied for rent restoration based on restoration of services. The DRA and DHCR ruled against landlord. There was a skylight in tenant's apartment. Landlord had constructed a new floor above tenant's apartment. So the skylight wasn't restored because light was now blocked. Landlord could apply to the DHCR for permission to modify services to tenant's apartment based on the construction. If approved, landlord could then seek rent restoration.

417 C/O Cooper: DHCR Adm. Rev. Docket No. UL430039RO (3/15/07) [3-pg. doc.]

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