Tenants Get Permanent $50 Rent Decrease for Elimination of Roof Access

Landlord asked the DHCR for permission to modify building services by discontinuing tenant access to the roof. The DRA ruled for landlord and ordered a permanent rent decrease of $50 per month to compensate tenants. Landlord and tenants both appealed and lost. Landlord claimed that the DRA's decision was arbitrary and unreasonable but cited no specific error. Tenants argued that landlord's application should have been filed prior to discontinuing the roof access. But the DHCR issued a rent reduction order effective May 1, 2015, based on landlord's reduction in services prior to obtaining DHCR approval. That didn't prohibit landlord from applying separately for approval of the service modification. And the DHCR found that a permanent $50 monthly rent increase was sufficient compensation for the complete elimination of the discontinued service.

Tremeda Holdings LLC/Doyle: DHCR Adm. Rev. Docket Nos. GU410017RO, GU410020RT (9/27/19) [2-pg. doc.]