Landlord Can't Eliminate Outdoor Swimming Pool

Landlord asked the DHCR for permission to discontinue the required service of an outdoor swimming pool based on low usage and high costs. The DRA ruled for landlord. Tenants appealed, claiming that many tenants used the pool and that landlord submitted no proof to support its claim. The DHCR ruled for tenants. The pool was a required service on weekends from Memorial Day to July 4 and then for the full months of July and August. Forty of the 88 tenants, about 45 percent, stated that they used the pool. Landlord showed no proof of decreased usage and didn't show that operating costs had changed substantially in recent years.

950 E. 14th St. Tenants' Assn.: DHCR Adm. Rev. Dckt. No. OK210099RT (7/17/01) [2-pg. doc.]