Tenant's Rent Reduced After Landlord Replaced Door to Roof with Window

Rent-stabilized tenant complained to the DHCR of a reduction in services because landlord removed the rear apartment door leading to the garage roof area and replaced it with a window. The DRA ruled for tenant and ordered landlord to restore the service. The DRA also advised landlord to file an owner's application to modify services with the DHCR based on changing the door to a window.

Landlord appealed and lost. Landlord had materially altered tenant's apartment by removing the rear door and replacing it with a double hung window. This unilateral action constituted a decrease in services since tenant no longer enjoyed the use of the rear door that had been used for many years to gain access to a garage roof patio area. 

Separately, landlord filed a service modification application with the DHCR. The DRA approved the modification but found that tenant hadn't received an adequate substitute of services and therefore must be compensated by a permanent rent reduction of $75 per month effective June 2019. The DRA also granted landlord's rent restoration application based on the order issued in response to the service modification application.

Auburn Leasing LLC By Kings: DHCR Adm. Rev. Docket Nos. HP110003RP, HP110004RP (9/29/23)[3-pg. document]