Fence Around Parking Lot Removed

Tenants complained of a reduction in building-wide services based on a cracked sidewalk, removed parking lot fence, and missing parking lot stumps and angle irons. The DRA ruled for tenants and reduced their rents. Landlord appealed. The DHCR ruled against landlord, and landlord appealed to court, claiming all the conditions cited were minor and didn't warrant rent reductions. The court sent the case back to the DHCR for reconsideration. The DHCR then ruled for landlord, and tenants appealed. The court again sent the case back to the DHCR for reconsideration. The DHCR ruled against tenants. The conditions that were the reasons for the original rent reduction were all minor. With regard to the parking lot fence, it was adjacent to ungated and unobstructed driveway entrances and exits. Tenants had argued that the fence served an important security function because it screened the parking lot from view from the street. But the DHCR noted that the fence could also screen a crime in progress from view. Landlord stated that the fence had served merely as a marker between the parking area and the sidewalk and to prevent cars from pulling up too far onto the sidewalk.

KMR Realty Services: DHCR LF130010RP (10/6/97) [5-page document]