No Rent Reduction Where Service Modification Resulted from Construction Next Door

Landlord applied to the DHCR for permission to seal off lot-line windows for apartment bedrooms and kitchens of the "S" and "T" lines of its building. The DRA ruled for landlord on condition that the affected tenants receive permanent 3 percent rent reductions.

Landlord appealed and won. Landlord pointed out that its request was to seal off lot-line windows, which didn't affect light and air to tenants' apartments. And the reason for the request was that a different owner had constructed a building next door to landlord's building, which now obstructed air and light to the "S" and "T" lines in landlord's building. Landlord had no control over the next-door construction, which it had sought to modify through unsuccessful talks with the other owner. The DHCR pointed out that, in order to be consistent with related proceedings where a court granted an Article 78 appeal of separate DHCR orders concerning the same building, it must rule for landlord. The rent reductions were revoked. 

Surat Realty: DHCR Adm. Rev. Docket Nos. KP210004RO, KP210005RO (4/8/25)[5-pg. document]