Landlord Can't Discontinue Swimming Pool Service

Landlord asked the DHCR for permission to modify required services. Landlord wanted to discontinue swimming pool service at a five-building complex based on increased maintenance and regulatory requirements. The DRA ruled against landlord, who appealed and lost. Landlord claimed that the pool needed extensive repairs, most tenants didn't use it, and it was open only for two months per year. Landlord also pointed out two other cases where the DHCR permitted landlords to discontinue pool service. But in one of those cases the pool was no longer fit for use due to its age and health violations. In another case, a landlord was permitted to discontinue pool and sundeck services that were ancillary services provided to tenants by a third party. In this case, however, landlord didn't prove that the pool needed extensive repairs or that its maintenance had become prohibitively expensive.

69-70 Associates, LLC: DHCR Adm. Rev. Docket No. CM110018RO (10/15/14) [4-pg. doc.]