Rent Reduced for Missing Terrace Awning Covering

Yonkers rent-stabilized tenant complained of a reduction in services after landlord failed to replace a missing terrace awning covering that was blown away during a storm. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that the terrace awning was tenant's property, so landlord wasn't responsible for replacing it. Landlord pointed out that the initial 1984 registration (RR-1) form for tenant's apartment didn't list the awning as an apartment service or equipment. Landlord's contractor also submitted a letter indicating that installation of an awning wasn't recommended since it could impede snow removal and otherwise cause wear and tear to the building. Tenant claimed that the awning was there when she moved into the apartment in December 1974 and that the exact same awning was found on the opposite end of the building. The DHCR noted that the absence of any reference to the awning on the RR-1 form didn't preclude tenant from showing that the awning was installed at some time by landlord and therefore became a required service. DHCR inspection also showed that two other awnings outside top-floor apartments had the exact same frame and bracket as one that remained outside tenant's window after the awning blew away. Landlord didn't claim that the other awnings were installed by tenants.

S. Garson, LLC: DHCR Adm. Rev. Docket No. ZE910001RO (4/3/12) [3-pg. doc.]