When Is Fitness Room a Required Service?

Landlord of a rent-stabilized building planned to build a fitness room for tenants' use, and asked the DHCR whether it would become a required service. The DHCR told landlord that since no fitness room had been provided on the base date, there were only two ways the new facility could become a required service: (1) if landlord collected additional rent for providing the fitness room; or (2) if landlord provided the service for a period of time, and didn't tell tenants it wasn't a service, so that a tenant could reasonably assume that landlord had agreed to provide the service permanently . The fitness room services must be provided by an independent contractor or fitness consultant---not by landlord. And landlord can't charge tenants for use of the facility, or charge a membership fee. The fitness consultant may charge tenants fees for whatever services it provides.

DHCR Opin. Ltr. by Gary Turk (5/9/94)