Removal of Four Square Feet from Apartment Not Minor

Tenant complained of a reduction in services based on a reduction in the square footage in his apartment. At the same time, landlord asked the DHCR for permission to decrease tenant's dwelling space for the installation of heat risers. The DRA ruled for landlord and dismissed tenant's service complaint. Tenant appealed, claiming that he was entitled to a rent reduction for the loss of space. Landlord argued that any reduction in space was minor. The DHCR ruled for tenant and reduced his monthly rent by $5.43 per month. Tenant did benefit from the riser installation, so there should be no finding of a reduction in services. But tenant was entitled to compensation for the reduction in dwelling space.

Sartain: DHCR Adm. Rev. Docket Nos. WF410060RT, WL410051RT (4/8/09) [3-pg. doc.]