Courtyard Use Was Required Ancillary Service

Rent-stabilized tenant complained of a reduction in building-wide services. Tenant claimed that landlord had now barred tenant's use of the building courtyard, to reserve it for landlord's own use. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that use of the courtyard wasn't a required service but that, if it was, any decrease in such service was de minimis--that is, minor. The DHCR found that, under Rent Stabilization Code Section 2520.6(r)(3), an "ancillary service" was that space and those required services not contained within the individual apartment that the owner was providing on the base date or thereafter. Since landlord had provided tenant with access to the courtyard, it was a required ancillary service. In addition, the removal of the courtyard service wasn't de minimis.

419 West 47th Street, LLC: DHCR Adm. Rev. Docket No. FO410012RO (1/26/18) [4-pg. doc.]