Permanent Rent Reduction for Removal of Fence

Landlord asked the DHCR for permission to remove a backyard fence behind its building. The DRA ruled for landlord and ordered a permanent rent reduction for tenants. Landlord appealed, claiming that the rent reduction was excessive, that the fence wasn't a required service, that it had been replaced with a brick wall that offered more building security, and that it was ade minimis--or minor--service. The DHCR ruled against landlord. Before landlord filed its application, tenants had complained in a separate proceeding that the fence removal was a reduction in building-wide services. The DRA had ruled for tenants and reduced their rent-stabilized rents by a rent guidelines increase. Landlord didn't appeal that decision. Since the service decrease was now permanent, it was reasonable to direct a permanent rent reduction in the amount of the guidelines increase.

37 West 54th Street: DHCR Adm. Rev. Docket No. VA410049RO (4/15/11) [2-pg. doc.]