Removal of Illegal Partition Wall Is a Reduction in Services

Rent-stabilized tenant complained to the DHCR of a reduction in services after landlord removed an illegal partition wall inside tenant's apartment. This reduced the number of rooms in tenant's apartment from four to three. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. The apartment contained four rooms when tenant moved into it in 1997. Landlord had sued tenant in housing court based on the illegal partition, which resulted in removal of the partition. But, although landlord sought removal of the wall to ensure that the apartment configuration was in legal compliance, landlord didn't claim that tenant installed the illegal wall. So tenant was entitled to a rent reduction based on the reduction in the number of rooms in the apartment.

Macombs Place, LLC: DHCR Adm. Rev. Docket No. GU610019RO (11/15/19) [2-pg. doc.]