Landlord Can't Add Garage or Change Landscaping

(Decision submitted by Jon Lilienthal, paralegal/DHCR litigator, of the Manhattan law firm of Collins, Dobkin & Miller, LLP, attorneys for the tenants.)

Landlord of apartment complex asked the DHCR for permission to modify courtyard services. The existing courtyard contained an open area, a garden, and a children’s play area. Landlord wanted to build a new landscaped garden with a single-level, completely below-ground parking garage in the courtyard. Previously, landlord had built a parking lot on a portion of the courtyard. The DRA ruled in 1991 that this was a reduction in services and reduced tenants’ rents. Landlord now sought to remove the rent reduction through its proposed changes to the courtyard. Tenants objected to landlord’s proposal. Among other things, they said the plan called for replacing mature trees with new plantings. The DRA ruled against landlord.

Landlord appealed and lost. Landlord pointed out that the Landmarks Preservation Commission had approved its plan. Landlord also disputed the DRA’s finding that the existing tree cover provided tenants with protection from noise, pollution, and unsightliness from the nearby Brooklyn-Queens Expressway. But the DHCR wouldn’t consider a statement by landlord’s landscape architect since it wasn’t submitted to the DRA. Landlord claimed that its plan would reduce auto traffic but, before landlord improperly installed the parking spaces in 1991, there was no auto traffic in the courtyard area. Landlord’s plan also would increase the amount of space taken up to provide access to parking.

Joralemon Realty NY LLC: DHCR Adm. Rev. Docket Nos. XH230027RO et al. (4/28/10), DRO Docket Nos. WD220005OD et al. (7/14/09)