Backyard Garden Furniture Is Required Service

Tenants complained of a reduction in building-wide services after landlord sent them a letter stating that the backyard was for emergency use only and not for barbecuing or other recreational use. The DRA found no basis for a new ruling, but stated that a limited amount of backyard furniture was required under a prior DHCR order. Landlord appealed and lost. Landlord argued that the DRA misinterpreted the DHCR's prior order, which stated only that tenants had access to the backyard as a service. But prior DHCR and court orders did state that tenants had access to the backyard for recreational purposes, including the placement and use of furniture and plant stands. Landlord couldn't attack the prior orders by appealing the DRA's most recent decision.

15 Abingdon Square: DHCR Adm. Rev. Docket No. YA410031RO (11/30/10) [5-pg. doc.]