Landlord Didn't Maintain Swimming Pool

LVT Number: #23129

Tenants complained of a reduction in building-wide services because landlord no longer permitted tenants to use a swimming pool at the building. The DRA ruled for tenants and reduced their rent-controlled rent by $15 per month. Landlord appealed, claiming that the pool wasn't an ancillary service. He said that the pool was privately owned and maintained and that prior landlord may have allowed tenants at the building to use the pool informally by personal invitation and free of charge. The DHCR ruled against landlord.

Tenants complained of a reduction in building-wide services because landlord no longer permitted tenants to use a swimming pool at the building. The DRA ruled for tenants and reduced their rent-controlled rent by $15 per month. Landlord appealed, claiming that the pool wasn't an ancillary service. He said that the pool was privately owned and maintained and that prior landlord may have allowed tenants at the building to use the pool informally by personal invitation and free of charge. The DHCR ruled against landlord. Prior landlord admitted that he allowed tenants to use the pool free of charge and registered the pool in 1984 as a recreational facility provided to tenants.

3815 Sea Gate Avenue: DHCR Adm. Rev. Docket No. YE210013RO (11/24/10) [3-pg. doc.]

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