Landlord Reduced Loft Space for Plumbing Modifications

Landlord asked the DHCR for permission to modify services to tenant’s rent-stabilized apartment with a permanent rent reduction. Landlord stated that the apartment contained an 87 square foot storage loft area about the apartment’s kitchen and bathroom. The loft area space was reduced in 2010 due to the creation of a soffit and a boxed area from the loft floor to the ceiling. Landlord said the changes were needed to accommodate plumbing modifications for renovation work that was performed in the unit directly above the apartment. Landlord also claimed that the soffit and box area were needed to maintain the building’s structural integrity. Otherwise, it would have been necessary to drill through an existing support beam to effect movement of a water pipe. The DRA ruled for landlord and permanently reduced tenant’s rent by $10 per month. Tenant appealed and won, in part. Tenant claimed that the $10 rent reduction didn’t adequately compensate tenant for loss of the loft. The DHCR increased the permanent rent reduction to 10 percent of tenant’s Jan. 1, 2015, rent.

Katter: DHCR Adm. Rev. Docket No. DM410013RT (6/30/16) [4-pg. doc.]