Landlord Reduced Access to Courtyard

LVT Number: #22758

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that landlord had reduced access to the building’s courtyard. The DRA ruled for tenants. Landlord appealed, claiming that the area was merely an alleyway. The DHCR ruled against landlord. In a prior court case, a judge ruled that tenants’ use of the courtyard was an ancillary service and that landlord restricted tenants’ use of it by fencing the courtyard area in such a way as to create a walkway.

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that landlord had reduced access to the building’s courtyard. The DRA ruled for tenants. Landlord appealed, claiming that the area was merely an alleyway. The DHCR ruled against landlord. In a prior court case, a judge ruled that tenants’ use of the courtyard was an ancillary service and that landlord restricted tenants’ use of it by fencing the courtyard area in such a way as to create a walkway.

Ali: DHCR Adm. Rev. Docket No. XK210007RO (5/7/10) [2-pg. doc.]

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