Landlord Discontinued Access to Community Room

LVT Number: #22696

Ninety-five tenants complained of a reduction in building-wide services. They claimed that landlord suddenly locked them out of a community room they had used for 35 years. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that the community room traditionally was made available for small tenant gatherings and for tenant association meetings and was otherwise kept locked for safety and security reasons.

Ninety-five tenants complained of a reduction in building-wide services. They claimed that landlord suddenly locked them out of a community room they had used for 35 years. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that the community room traditionally was made available for small tenant gatherings and for tenant association meetings and was otherwise kept locked for safety and security reasons. Landlord claimed for the first time on appeal that some tenants were improperly leasing the room to members of the public and, when its request to stop was ignored, it changed the lock on the door and told the super to open it only for use by tenant-related gatherings. Tenants denied the commercial use and said the room was always used for private parties by individual tenants. Landlord’s action was, at any rate, premature, and landlord should work with tenants to operate the room with due regard for legitimate safety concerns.

Croes Nest Realty LP: DHCR Adm. Rev. Docket No. XH630041RO (3/26/10) [3-pg. doc.]

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