Allowing Tenants to Bring Furniture to Outdoor Terrace

June 30, 2004

LVT Number: 17458

Landlord allowed tenants to use a building terrace and to bring their own outdoor furniture up there, provided that they removed it at the end of each summer season. Landlord now wished to provide its own furniture to give the terrace a more unified look. Landlord asked the DHCR if doing this and no longer allowing tenants to bring up their own furniture would be considered a reduction in services. In an opinion letter, the DHCR said no. The DHCR's opinion was that landlord gave tenants an accommodation, not a required service, by allowing them to use their furniture on the terrace.

Landlord allowed tenants to use a building terrace and to bring their own outdoor furniture up there, provided that they removed it at the end of each summer season. Landlord now wished to provide its own furniture to give the terrace a more unified look. Landlord asked the DHCR if doing this and no longer allowing tenants to bring up their own furniture would be considered a reduction in services. In an opinion letter, the DHCR said no. The DHCR's opinion was that landlord gave tenants an accommodation, not a required service, by allowing them to use their furniture on the terrace. However, the DHCR recommended that landlord file an application with the agency for permission to modify services, in case tenants complained in the future.

DHCR Opin. Ltr. by Charles Goldstein (1/13/04) [3-pg. doc.]

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