Health Club Replacing Community Room Is Required Service

Tenants complained of a reduction in buildingwide services because landlord shut down a health club used in the building by tenants. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the health club was closed only temporarily for repairs, and that the health club wasn't an ancillary required service. The DHCR ruled against landlord. Landlord closed the health club for an extended period, supposedly for repairs. In a prior case, landlord had asked the DHCR for permission to discontinue providing a community room in the building and to replace it with the health club. The DRA granted landlord's request to substitute the health club for the community room in 1998. The health club therefore was a required ancillary service.

322 West 57th Owner, LLC: DHCR Adm. Rev. Docket No. UK430015RO (2/9/07) [2-pg. doc.]