Landlord Must Provide Lobby Furniture

Tenants complained of a reduction in building-wide services when landlord removed various pieces of lobby furniture and furnishings. The DRA ruled for tenants and reduced their rents. Landlord appealed. Landlord claimed there was no lobby furniture when it bought the building in December 1988 and that lobby furniture wasn't listed in the initial 1984 services registration. Landlord didn't state whether lobby furniture was provided before 1984. The DHCR ruled against landlord. Landlord's silence on whether lobby furniture services were provided on the May 31, 1968, base date and thereafter was an admission that there was lobby furniture at one time. And neither landlord's failure to register the furniture in 1984 nor tenants' failure to challenge the services registration barred tenants from complaining about this. Tenants can claim reductions of base date services at any time.

Kelsma Associates: DHCR Adm. Rev. Dckt. No. EJ 110378 RO (6/16/95) [3-page document]