Terrace Removed

August 31, 1997

LVT Number: 11755

Tenant complained of a reduction in services based on partial removal of the apartment's terrace. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that a portion of the terrace was removed due to deterioration of its structural integrity. Landlord also claimed that tenant waited too long to complain. The DHCR ruled against landlord. The terrace had existed for at least 60 years and was provided to tenant on the May 29, 1974 base date up until 1982.

Tenant complained of a reduction in services based on partial removal of the apartment's terrace. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that a portion of the terrace was removed due to deterioration of its structural integrity. Landlord also claimed that tenant waited too long to complain. The DHCR ruled against landlord. The terrace had existed for at least 60 years and was provided to tenant on the May 29, 1974 base date up until 1982. Landlord never filed an application for modification or decrease of services and hadn't proved the need to remove the terrace. It didn't matter that tenant delayed in filing the service complaint.

Stahl Assocs. Co.: DHCR Adm. Rev. Dckt. No. JL410044RO (4/4/97) [2-page document]

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