Landlord Eliminated Service Before Seeking DHCR Approval

April 9, 2012

LVT Number: #24025

Landlord asked the DHCR for permission to modify services by eliminating and separating parking space No. 57 from tenant's legal regulated apartment rent. The DRA ruled against landlord and ordered the substitution of parking space No. 19 for No. 57. Landlord appealed and lost. Without obtaining DHCR approval, landlord had rented parking space No. 57 to another tenant in 2004 and had thereby decreased service to the complaining tenant for five years before applying to modify services.

Landlord asked the DHCR for permission to modify services by eliminating and separating parking space No. 57 from tenant's legal regulated apartment rent. The DRA ruled against landlord and ordered the substitution of parking space No. 19 for No. 57. Landlord appealed and lost. Without obtaining DHCR approval, landlord had rented parking space No. 57 to another tenant in 2004 and had thereby decreased service to the complaining tenant for five years before applying to modify services. This violated the Tenant Protection Regulations, which required landlord to request permission to modify services before doing so.

Executive Towers at Lido, LLC: DHCR Adm. Rev. Docket No. XL710064RO (2/17/12) [6-pg. doc.]

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