Terrace Area Used in Facade Repairs

Tenants complained of a reduction in services because they lost access to their terraces while landlord performed facade work. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that Local Law 10 required exterior repairs to the building and that the best way to do the work was to use tenants' patio area for a hoist to bring materials to the roof. For safety reasons, tenants couldn't use the terraces during this time. The DHCR ruled against landlord. Tenants were unquestionably denied access to their terraces. It didn't matter that another law may have required the work. Tenants were deprived of a required service in the meantime and could get a rent reduction.

Wenham Realty Corp.: DHCR Adm. Rev. Dckt. No. MI410058RO (2/23/99) [2-pg. doc.]