Landlord Can Reduce Terrace Size

In 1983, landlord reduced the size of rent-stabilized tenant's terrace to fix a hazardous condition. In 1995, tenant complained of a reduction in services. Landlord asked the DRA for permission to leave the terrace size permanently reduced because it wasn't practical to restore it to its prior size. The DRA ruled for landlord and permanently reduced tenant's rent by $40 per month. Tenant appealed and lost. Landlord showed that the terrace reduction was necessary due to structural deterioration. And replacement at this point would be extremely expensive. Tenant's terrace had only been reduced by about 20 square feet, from 78 square feet to 58 square feet. Any reduction in the amount of space was a minor condition that didn't warrant a rent reduction.

Valentino: DHCR Adm. Rev. Dckt. No. LA410075RT (8/7/98) [3-page document]