Closing Community Room Wasn't Minor Service Reduction

June 30, 2011

LVT Number: #23443

Rent-stabilized tenants complained of a reduction in building-wide services after landlord discontinued tenants' use of a basement community room. The DHCR ruled for tenants and reduced their rents. The DHCR also ordered landlord to restore the service. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord argued that discontinuation of the community room service was a minor service reduction, so no rent reduction was warranted. The court ruled against landlord.

Rent-stabilized tenants complained of a reduction in building-wide services after landlord discontinued tenants' use of a basement community room. The DHCR ruled for tenants and reduced their rents. The DHCR also ordered landlord to restore the service. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. Landlord argued that discontinuation of the community room service was a minor service reduction, so no rent reduction was warranted. The court ruled against landlord. The DHCR had ruled that the service wasn't de minimis--that is, minor--and the agency's decision was reasonable.

Bluestar Properties Inc. v. DHCR: Index No. 116072/10, NYLJ No. 12024962243887 (Sup. Ct. NY; 5/19/11; Lobis, J)

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