Landlord Can Alter Lobby Entrances, Parking Spaces, and Playgrounds

Landlord asked the DHCR for permission to change the number and configuration of the parking spaces at the rent-stabilized building complex, to reconfigure the layout of the walkways, to adjust the layout and location of four playgrounds, to increase and enhance the front lobby, and to eliminate one front lobby entrance from each building in the complex. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the work constituted a decrease in required services and that therefore rents should be reduced. But landlord's proposed improvement to the lobby entrance made up for any loss of convenience attributable to losing an entrance. The DRA also barred landlord from obtaining any MCI increase for the lobby improvements. And the other proposed modifications presented no reduction in required services.

2300 Fifth Avenue: DHCR Adm. Rev. Docket No. WI410028RT (12/5/12) [2-pg. doc.]