Landlord Can't Remove Recreation Area and Open Space

Landlord asked the DHCR for permission to convert an existing recreational area and open space located between the three main buildings of a housing complex into driveways with fences and gates. The DRA ruled for landlord. Tenants appealed, objecting to the removal of the recreational area. Landlord argued that the open spaces were unused except for garbage collection and that its plans would improve security and quality of life and add backyards for tenant use. The DHCR ruled for tenants and revoked its approval of landlord's plan. Landlord can modify services under Rent Stabilization Code Section 2522.4(e) if landlord and tenants agree to the change, if the change is required by law, or if the change isn't inconsistent with the Rent Stabilization Law or Code. Here, the majority of tenants opposed landlord's proposal. The proposed installation of driveways and fences wasn't a requirement for the operation of the building complex. Prior landlord didn't properly maintain the open area in question, but this didn't justify modifying the required service. Most tenants wanted the recreational area to be provided. The replacement of existing "green space" with driveways and fences would alter the character of the complex and would be a reduction in services inconsistent with the Rent Stabilization Law and Code.

Hollis Court Gardens: DHCR Adm. Rev. Docket No. VF110050RT (10/10/07) [3-pg. doc.]