Landlord Claimed It Didn't Own Playground Space

Tenants complained of a reduction in building-wide services based on landlord's removal of playground equipment and benches. The DRA ruled for tenants and reduced their rents. Landlord appealed. Landlord said that it couldn't replace the equipment because two-thirds of the playground space belonged to another property that wasn't landlord's. In addition, the remaining space was too small for swings, and it would be a safety law violation to install them. The DHCR ruled against landlord. Tenants submitted conflicting survey data indicating that landlord owned the property it claimed that it didn't own. So there was no conclusive proof that landlord didn't own the additional property. Landlord also didn't prove that it would be violating any law by installing swings or other equipment on its property. Landlord could install smaller or less hazardous equipment than previously provided. Landlord had unquestionably provided playground equipment and benches for 40 years, and the rent reduction was properly granted.

Congressional Owners, Inc.: DHCR Adm. Rev. Dckt. No. SB610077RO (8/12/04) [3-pg. doc.]