Removal of Illegal Room Partitions Reduced Services

Rent-stabilized tenant complained of a reduction in services after landlord removed illegal partition walls in her apartment. This reduced the number of rooms in the apartment from four to two. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord argued that the size of the apartment hadn't changed and that it had to remove the walls after tenant's complaint to DOB resulted in a violation and order to remove the walls. Tenant also had stipulated in court that the walls could be removed. Landlord also had filed an application with the DHCR to modify services. Tenant pointed out that the apartment contained four rooms for the first five years that she lived there, and was rented to her as a four-room unit. The removal of the walls removed two bedrooms. She also said that she only complained to DOB for interior repairs, and didn't seek the removal of the wall partitions. The DHCR ruled against landlord. Removal of the interior walls had reduced the number of rooms in tenant's apartment by 50 percent. This was a reduction in services. The DOB violation resulted from landlord's unauthorized alterations, combining two former studio apartments. If the DHCR granted landlord's service modification application, landlord could seek rent restoration.

169 Hester Street: DHCR Adm. Rev. Docket No. YJ410044RO (5/12/11) [2-pg. doc.]