Tenant's Unit Reduced by Renovations Is Reduction in Services

LVT Number: #19973

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant, finding that landlord's building renovations reduced the size of tenant's living space. Landlord appealed, claiming that any reduction in tenant's living space was minor. The DHCR ruled against landlord. Landlord admitted that its renovation caused a change in the dimensions of tenant's living space. Reduction in living space isn't a minor condition. Since the reduction in living space probably is permanent, landlord should file an application with the DHCR for permission to decrease required services.

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant, finding that landlord's building renovations reduced the size of tenant's living space. Landlord appealed, claiming that any reduction in tenant's living space was minor. The DHCR ruled against landlord. Landlord admitted that its renovation caused a change in the dimensions of tenant's living space. Reduction in living space isn't a minor condition. Since the reduction in living space probably is permanent, landlord should file an application with the DHCR for permission to decrease required services. Until that application was filed and approved, tenant's rent was frozen.

Haran Realty Co., LLC: DHCR Adm. Rev. Docket No. VD610045RO (9/28/07) [3-pg. doc.]

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