Garden Service Not Restored for Tenants Who Lived at Adjoining Address

Tenants of a two-building apartment complex complained of a reduction in services based on landlord's removal of items and level of garden use. Tenants claimed that the garden previously had been accessible for five years to all tenants at both buildings but now was available only to tenants at 174 East Second Street, where the garden was located. Landlord had changed the lock to the garden, given keys only to tenants of 174 East Second Street, but not 170 East Second Street, and complicated the procedure for tenants at 174 to obtain additional keys. The DRA ruled for tenants of 174 East Second but didn't mention 170 East Second Street in its order.

Tenant appealed and lost. Tenant lived at 174 East Second Street and therefore had no standing to appeal individually on behalf of tenants at 170 East Second. Tenant claimed that he was the representative of the tenants association for both buildings but didn't comply with DHCR instructions to attach a list of tenant association members and a statement that he was filing on their behalf. So tenant didn't have standing to represent other tenants in the PAR.

Weinstein: DHCR Adm. Rev. Docket No. FR430010RT (6/28/18) [3-pg. doc.]