Landlord Wants to Provide Seasonal Playground

LVT Number: 12926

Landlord wanted to provide a seasonal playground for tenants' use and asked the DHCR how to ensure that it wouldn't be considered a required service that it would have to provide year-round. In an opinion letter, the DHCR said that a seasonal playground could be provided but that landlord should make it clear to tenants that it wasn't for off-season use. The DHCR stated that merely advising tenants that the playground shouldn't be used during specific times wasn't enough.

Landlord wanted to provide a seasonal playground for tenants' use and asked the DHCR how to ensure that it wouldn't be considered a required service that it would have to provide year-round. In an opinion letter, the DHCR said that a seasonal playground could be provided but that landlord should make it clear to tenants that it wasn't for off-season use. The DHCR stated that merely advising tenants that the playground shouldn't be used during specific times wasn't enough. Landlord may also have to seal the playground area during the times when it wasn't to be used to make sure full-year use didn't become a required service.

DHCR Opin. Ltr. by Charles Goldstein (9/29/98) [2-pg. doc.]

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