Community Room Is Required Service

Tenants complained that landlord reduced building-wide services by denying them access to the building's community room. Landlord denied any service reduction and, while the complaint was pending, sold the building. New landlord pointed out that tenants claimed that prior landlord had denied access for over 12 years. Since more than four years went by before tenants filed their DHCR complaint, new landlord argued that any such service wasde minimis--that is, minor. New landlord also claimed that prior landlord gave tenants a recreational area in the backyard between 8 a.m. and 9 p.m. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. The community room was a required building-wide service. The fact that the community room wasn't registered as a building-wide service in 1984 didn't matter. And prior landlord admitted that the community room was a provided service by stating in its answer to the complaint that, "the community room is and always was available to the tenants. However, we want somebody responsible to sign and be accountable for any damages and liability issues." Tenants also submitted proof of their prior use of the room, including photographs taken during the annual children's Halloween party and documentation of a 2005 tenant meeting and flea market. Use of the backyard also wasn't a reasonable substitute, since the community room could be used day or night without regard to the weather.

327 St. Nicholas Avenue: DHCR Adm. Rev. Docket No. YC430024RO (10/13/10) [4-pg. doc.]