Landlord Removed Tenant's Roof Antenna

LVT Number: 8267

Tenant complained of reduced services, claiming that landlord had removed tenant's roof TV antenna. Tenant had put the antenna on the roof when he moved into the apartment in 1958; landlord removed it in 1989. The DRA ruled for tenant, and reduced his rent. Landlord appealed, arguing that he didn't provide TV antenna service to tenant. Landlord also pointed out that when a new roof was installed in 1989, the roofer wouldn't give a full warranty if the TV antenna was reinstalled. The DHCR ruled against landlord. It didn't matter that the TV antenna was tenant's.

Tenant complained of reduced services, claiming that landlord had removed tenant's roof TV antenna. Tenant had put the antenna on the roof when he moved into the apartment in 1958; landlord removed it in 1989. The DRA ruled for tenant, and reduced his rent. Landlord appealed, arguing that he didn't provide TV antenna service to tenant. Landlord also pointed out that when a new roof was installed in 1989, the roofer wouldn't give a full warranty if the TV antenna was reinstalled. The DHCR ruled against landlord. It didn't matter that the TV antenna was tenant's. It was there before the building became subject to the ETPA and, therefore, had become a required service when tenant's apartment became subject to rent stabilization.

2 Roxbury Drive, Apt. 4: DHCR Adm. Rev. Dckt. No. EC 810183-RO (8/25/93) [4-page document]

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