Rent Reduction Ordered Even If Balcony Blocked for Required Facade Work

Rent-stabilized tenant complained to the DHCR of a reduction of services in February 2016 because her apartment balcony had been unusable since the spring of 2015. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord pointed out that it had to perform exterior work required by local law, which was temporary in nature and which was needed to complete routine building maintenance. Since the renovation work involved the removal of potentially hazardous materials, DOB and DOHMH required landlord to cover the windows, restrict access to tenant's balcony, and install scaffolding and construction nets outside tenant's window.  Landlord argued that it shouldn't be penalized for maintaining its building. But the Rent Stabilization Law and Code required landlord to maintain window and balcony services that tenant was deprived of, even if landlord was complying with other laws to perform facade work. Since the work had gone on for over a year, landlord couldn't claim that it was temporary.

Sunstone Associates LLC: DHCR Adm. Rev. Docket No. FN410014RO (12/29/17) [4-pg. doc.]