Rent Reduced for Broken Fire Doors

(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein McConnell Gribben Donoghue & Joseph, who represented the tenants' association.) Tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. Among other things, five fire doors in the building weren't self-closing. Landlord appealed, claiming that this condition was minor. Landlord pointed to a prior DHCR decision finding that a stairwell door that wouldn't stay closed was a minor condition not warranting a rent reduction. The DHCR ruled against landlord. The DHCR has repeatedly ruled that defective fire doors are a decrease in required services. To operate properly, a fire door should be self-closing, whether or not there is a fire emergency.

Various Tenants of 444 East 82nd Street/Clermont York Associate: DHCR Adm. Rev. Docket Nos. WK430009RT, WK430024RO (6/5/09) [4-pg. doc.]