Backyard Garden

September 30, 1996

LVT Number: 10923

Landlord asked the DHCR if the creation of a backyard garden for apartments would constitute an individual apartment improvement warranting a 1/40th rent increase. In an opinion letter, the DHCR stated that the garden could qualify as an improvement in some instances, if it provided sufficient benefit to tenant. Landlord proposed creating either two gardens, each 12 feet by 6 feet, or one garden 24 feet by 12 feet. The DHCR thought that the smaller garden wouldn't provide enough benefit to qualify as an apartment improvement.

Landlord asked the DHCR if the creation of a backyard garden for apartments would constitute an individual apartment improvement warranting a 1/40th rent increase. In an opinion letter, the DHCR stated that the garden could qualify as an improvement in some instances, if it provided sufficient benefit to tenant. Landlord proposed creating either two gardens, each 12 feet by 6 feet, or one garden 24 feet by 12 feet. The DHCR thought that the smaller garden wouldn't provide enough benefit to qualify as an apartment improvement. But the larger one would benefit a tenant who had exclusive use of it.

DHCR Opin. Ltr. by Charles Goldstein (7/2/96) [1-page document]

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