Access to Building Facilities Was Restored, Even If Altered

Tenant complained of a reduction in building wide services, claiming no access to the building's entertainment room, rooftop garden, and backyard. The DRA ruled for tenant and reduced his rent. The DRA later granted landlord’s application to restore rent based on the restoration of services. Tenant appealed and lost. Tenant argued that the building’s entertainment room, rooftop garden, and backyard had all been reduced in size. The entertainment room no longer had a fully functioning kitchen, the rooftop garden was reconfigured in a way that inhibited private conversation, and the backyard had fake grass, cement, and only one exit instead of two. But the DHCR had granted landlord’s application to modify building services in the entertainment room. And tenant had complained only that there was no access to the subject facilities. Tenant now had access, so the DRA properly restored rent.

Anderson: DHCR Adm. Rev. Docket No. EN410039RT (8/4/16) [2-pg. doc.]