Access to Water Spigots Not Required

(Decision submitted by Eileen O'Toole of the Manhattan law firm of Kossoff Alper & Unger, attorneys for the landlord.) Tenants complained of a reduction in building-wide services. They claimed that landlord had previously provided tenants use of water spigots, storage space, and playground equipment. They claimed that these services had been discontinued. The DRA ruled against tenants after a hearing. Tenants appealed and lost. The mere fact that tenants had access to water spigots that landlord used to water the lawn didn't mean the water spigots were a required service. They were used for lawn maintenance, which landlord was providing. Tenants' leases didn't provide specific clauses for storage space, there were no formal storage boxes or bins, and tenants didn't complain until more than three years later. So storage space wasn't a required service. With regard to the playground equipment, landlord replaced the equipment. Tenants' claim that the equipment wasn't comparable because it couldn't be used by older children and adults wasn't a valid complaint. Any change in the equipment was a minor change and wasn't a reduction in services.

Various Tenants, Gold Seal Apts.: DHCR Adm. Rev. Dckt. No. OA130069RT (4/27/01) [3-pg. doc.]