Tenant Claims Landlord Installed Smaller Window

February 1, 1995

LVT Number: 9470

Tenant complained of reduced services, claiming that landlord had installed a window smaller than the old one, which resulted in less natural light coming into the apartment. The DRA agreed with tenant, and cut the rent by $5. Landlord appealed, arguing that the new window wasn't a service cut. It had a pane designed for the installation of an air conditioner, which didn't affect the operation of the window. The DHCR revoked the rent cut. Although the new window sash area seemed smaller, the window opening was the same size as the old one.

Tenant complained of reduced services, claiming that landlord had installed a window smaller than the old one, which resulted in less natural light coming into the apartment. The DRA agreed with tenant, and cut the rent by $5. Landlord appealed, arguing that the new window wasn't a service cut. It had a pane designed for the installation of an air conditioner, which didn't affect the operation of the window. The DHCR revoked the rent cut. Although the new window sash area seemed smaller, the window opening was the same size as the old one. And there was no evidence that the new window didn't conform to local laws regarding ventilation and light.

Levine: DHCR Adm. Rev. Dckt. No. CG 420143-RO (12/13/94) [2-page document]

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