Tenant Claims Fence Is Required

Rent-stabilized tenant sued landlord to prevent removal of fence she'd put up in the back yard of her ground-floor apartment. Tenant claimed prior landlord permitted her to install the fence for privacy and that she'd hired the building superintendent to install the fence. New landlord sent tenant a notice demanding removal of the fence. Tenant asked the court for a temporary order barring removal of the fence while the case was pending. She claimed that, after being installed, the fence became a required service under rent stabilization and so she would ultimately win the case. The court ruled against tenant. Prior landlord submitted a sworn statement to the court saying that he never agreed to tenant's installation of the fence, so it wasn't clear that tenant would win the case. A trial was needed to determine the facts. If it turned out that the fence became a required service, tenant could get a rent reduction from the DHCR if landlord removed the fence. But, since tenant might win the case, the court suggested that new landlord relocate rather than remove the fence entirely.

Tracy v. Lafayette Properties, LLC: NYLJ, p. 33, col. 1 (2/6/98) (Sup. Ct. Kings; Belen, J)