One-Bedroom Apartment Converted to Open Studio

(Decision submitted by Karen Schwartz-Sidrane of the Hewlett law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.) Landlord asked tenant to move out of her apartment temporarily because it had to remove a wall in order to bring the apartment into compliance with the building's C of O. When tenant moved back in, she complained of a reduction in services. She claimed that she now had a studio apartment instead of a one-bedroom apartment and that she no longer had two six-foot closets. The DRA ruled for tenant and reduced her rent. Landlord appealed and won. When landlord asked tenant to move out temporarily, tenant, with representation from her attorney, signed an agreement in court to move out temporarily, and accepted payment from the landlord to do so. And although the number of rooms was reduced, the overall dimensions of the apartment were slightly increased, and the apartment was much improved. Among other things, the apartment now had all new appliances and bathroom fixtures.

Halpern Realty, LLC: DHCR Adm. Rev. Dckt. No. QK410055RO (10/15/04) [3-pg. doc.]