Tenants Get Rent Reduction for Removal of Courtyard

Landlord asked the DHCR for permission to eliminate the rear courtyard of its building. The DRA ruled for landlord over tenants' objections and reduced their monthly rents by 10 percent. Landlord and tenants both appealed. Landlord claimed that the rent reduction was too high because the eliminated space wasn't a courtyard but merely a passageway from the street to the rear entrance of the building. The total outdoor space eliminated was 380 square feet. The DHCR ruled for landlord and against tenants. The rent reduction was reduced to a permanent, flat rate of $97 per tenant per month. This amount was calculated by multiplying the average regulated rent in the building by the rent guideline increase in effect when the order was issued.

188 East 93rd Street: DHCR Adm. Rev. Docket Nos. WJ410018RO, WJ410047RT (5/29/09)[4-pg. doc.]