Floor Space Reduced

LVT Number: 17374

Rent-controlled tenant complained that she was forced to move out of her apartment temporarily after a fire. When she moved back in after renovations, she found that landlord had reduced the floor space of her apartment by 25 percent. She claimed that this was a reduction in services. The DRA ruled for tenant and reduced her rent by 25 percent. Tenant appealed, claiming that this amount wasn't enough. She had also claimed before the DRA that the ceiling was lowered. The DHCR ruled against tenant.

Rent-controlled tenant complained that she was forced to move out of her apartment temporarily after a fire. When she moved back in after renovations, she found that landlord had reduced the floor space of her apartment by 25 percent. She claimed that this was a reduction in services. The DRA ruled for tenant and reduced her rent by 25 percent. Tenant appealed, claiming that this amount wasn't enough. She had also claimed before the DRA that the ceiling was lowered. The DHCR ruled against tenant. Landlord argued that the ceiling wasn't lowered, there was no proof that it was and no indication that this had any effect on tenant's use of the apartment. There was no basis for a further rent reduction. The DRA had also directed landlord to restore services to tenant.

Miller: DHCR Adm. Rev. Dckt. No. RB420052RT (4/7/04) [3-pg. doc.]

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