Community Room Is Required

April 30, 1993

LVT Number: 6973

Tenant complained that landlord didn't maintain a community room provided for tenants' use. The DHCR ruled that landlord must provide this service, and landlord appealed. Landlord claimed that the DHCR was bound by a prior DRA ruling on another tenant's complaint, which stated that the community room service was only temporary. The court dismissed landlord's petition. The DHCR's decision was based on the facts presented, and seemed reasonable.

Tenant complained that landlord didn't maintain a community room provided for tenants' use. The DHCR ruled that landlord must provide this service, and landlord appealed. Landlord claimed that the DHCR was bound by a prior DRA ruling on another tenant's complaint, which stated that the community room service was only temporary. The court dismissed landlord's petition. The DHCR's decision was based on the facts presented, and seemed reasonable. The prior DRA order contained no explanation, tenant in the current proceeding supported his claim, and landlord didn't prove that the service hadn't been provided.

Hyde Park Owners Corp. v. NYC DHCR: NYLJ, p. 26, col. 6 (4/14/93) (Sup. Ct. Queens; Smith, J)

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