Landlord Wants to Seal Hallway Windows

Landlord wanted to seal the fourth- and fifth-floor hallway windows in a building. The building was next to a fast-food restaurant, and the exhaust fans from the restaurant sent odors, noise, and smoke into landlord's building. This set off smoke detectors. Eleven out of 12 tenants on these floors wanted the windows closed at all times. Landlord asked the DHCR if it would be considered a decrease in required services to seal the windows. In an opinion letter, the DHCR told landlord that, first, landlord should determine if sealing the hallway windows would create any health, safety, fire, or building code violations. If light or ventilation was reduced, this could be considered a reduction in services. But even if sealing the windows didn't create any violations, it might still be considered a reduction in services. The DHCR advised landlord to apply to the DHCR for a modification or substitution of a required service without a change in rents.

DHCR Opin. Ltr. by Charles Goldstein (8/10/99) [3-pg. doc.]