Sidewalk Shed Up for Six Years

Tenant complained of a reduction in services, claiming that a sidewalk shed in front of her apartment was a security hazard. Landlord had put the shed up to prevent bricks from falling on people walking by the building. But the shed had been up for at least six years. Tenant claimed she had to install a security alarm. The DRA ruled for tenant and reduced her rent, finding that the sidewalk shed wasn't temporary and that it interfered with tenant's enjoyment of her apartment and violated the warranty of habitability. Landlord appealed and lost. The six-year existence of a sidewalk shed presented a security hazard to tenant, warranting a rent reduction.

Nelson Mgmt. Group: DHCR Adm. Rev. Dckt. No. MG410101RO (1/20/99) [2-pg. doc.]