DHCR to Decide if Garden Was Required Service

LVT Number: 12264

Tenant sued landlord for interfering with tenant's access to a garden and the light and air above it. The court ruled against tenant, and tenant appealed and lost. Tenant already had a complaint pending with the DHCR for reduction of required services based on loss of the garden and the light and air. So the DHCR should decide this issue.

Tenant sued landlord for interfering with tenant's access to a garden and the light and air above it. The court ruled against tenant, and tenant appealed and lost. Tenant already had a complaint pending with the DHCR for reduction of required services based on loss of the garden and the light and air. So the DHCR should decide this issue.

Sheinberg v. 177 E. 77 Inc.: NYLJ, p. 26, col. 5 (3/12/98) (App. Div. 1 Dept.; Rosenberger, PJ, Ellerin, Nardelli, Wallach, JJ)