Landlord Can't Close Swimming Pool

June 30, 2003

LVT Number: 16688

Landlord asked the DHCR for permission to eliminate a swimming pool provided to rent-stabilized tenants at the building. The DRA ruled for landlord. Tenants appealed and won. Landlord then appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. Landlord provided no proof that pool use had dropped, that the cost of operating the pool had increased substantially over the years, or that there was any change in circumstances that made continuation of the pool service unfeasible.

Landlord asked the DHCR for permission to eliminate a swimming pool provided to rent-stabilized tenants at the building. The DRA ruled for landlord. Tenants appealed and won. Landlord then appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. Landlord provided no proof that pool use had dropped, that the cost of operating the pool had increased substantially over the years, or that there was any change in circumstances that made continuation of the pool service unfeasible.

State Lafayette Co. v. DHCR: NYLJ, 6/20/03, p. 22, col. 2 (App. Div. 2 Dept.; Santucci, JP, Friedmann, Mastro, Rivera, JJ)

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