Landlord Can Modify Courtyard and Underground Parking Services

Landlord asked the DHCR for permission to modify building-wide services at a building complex by changing the recreational area in the rear yard by constructing an underground parking facility and a recreational area populated with trees and benches above the parking facility. The DRA granted landlord's application, which provided for an 11.32 percent reduction in the recreation area, along with a permanent rent reduction for all the tenants involved.

Tenants appealed and lost. Following a long history of prior proceedings concerning the courtyard at this building complex, the DHCR ruled against tenants. Landlord's plans weren't inconsistent with the Rent Stabilization Law. However, the DHCR noted that rent reduction orders in place concerning reduced courtyard services would remain in place until landlord restored services in compliance with its rent reduction order. The DHCR also didn't have jurisdiction to permit the underground garage construction, which must be approved by DOB. Tenants had appealed DOB's issuance of a permit in April 2019. The DHCR noted that if, for any reason, landlord's proposed plans are altered by other agencies, landlord must submit to the DHCR a new application for decrease or modification of services. And should landlord be permitted to build the underground garage and courtyard as planned, the DHCR defers questions about the construction and safety-related issues to those other agencies. 

Riverside Tenants Association: DHCR Adm. Rev. Docket Nos. GM230036RT - GM230040RT (6/21/19) [5-pg. doc.]