Landlord Removed Shower Stall from Tenant's Bathroom

LVT Number: #24968

Rent-stabilized tenant complained of a reduction in services. She claimed that landlord dismantled her bathroom and made it into a closet when she left the apartment keys with the building super to make repairs. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord denied tenant's claim, but DHCR inspection showed that a shower stall had been recently removed from the master bedroom bathroom, and that hot and cold water pipes were observed where there now was a closet.

Rent-stabilized tenant complained of a reduction in services. She claimed that landlord dismantled her bathroom and made it into a closet when she left the apartment keys with the building super to make repairs. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord denied tenant's claim, but DHCR inspection showed that a shower stall had been recently removed from the master bedroom bathroom, and that hot and cold water pipes were observed where there now was a closet. Landlord claimed that the shower in that bathroom was bigger than that allowed by the New York City Plumbing Code. But landlord didn't apply to the DHCR for permission to modify services. The DRA correctly reduced tenant's rent and ordered landlord to restore services.

Glassman: DHCR Adm. Rev. Docket No. AW210013RO (6/28/13) [2-pg. doc.]

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