No First Rent for Glass Enclosure on Roof Terrace

June 30, 2001

LVT Number: 15068

Rent-stabilized tenant filed a fair market rent appeal. Landlord claimed that tenant's apartment was a newly created unit and wasn't subject to a fair market rent appeal. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The DHCR's decision was reasonable. Constructing a glass enclosure outside the apartment bedroom on the roof terrace didn't qualify as creating a new apartment. The roof terrace space was already rented as part of the apartment and included in the rent.

Rent-stabilized tenant filed a fair market rent appeal. Landlord claimed that tenant's apartment was a newly created unit and wasn't subject to a fair market rent appeal. The DHCR ruled against landlord, and landlord appealed. The court and appeals court ruled against landlord. The DHCR's decision was reasonable. Constructing a glass enclosure outside the apartment bedroom on the roof terrace didn't qualify as creating a new apartment. The roof terrace space was already rented as part of the apartment and included in the rent.

I.G. Second Generation Partners LP v. DHCR: NYLJ, 6/11/01, p. 24, col. 1 (App. Div.1 Dept.; Tom, JP, Andrias, Ellerin, Wallach, Friedman, JJ)

Topics

More like this