Landlord Discontinued Laundry Facilities and Use of Backyard

April 1, 2005

LVT Number: 18022

Tenant complained of a reduction in services. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. Tenant moved into the apartment in 1994. She used the basement laundry facilities and had use of the backyard of the building, where she planted flowers. In 2000, landlord discontinued these services. Landlord said that former building super provided laundry services as his own business, without authorization. And nothing in tenant's lease authorized her use of the backyard.

Tenant complained of a reduction in services. The DHCR ruled for tenant. Landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. Tenant moved into the apartment in 1994. She used the basement laundry facilities and had use of the backyard of the building, where she planted flowers. In 2000, landlord discontinued these services. Landlord said that former building super provided laundry services as his own business, without authorization. And nothing in tenant's lease authorized her use of the backyard. However, the DHCR reasonably determined that these were required ancillary services. Tenant was offered these services before she signed her lease, and they were continuously provided by landlord or his agent for six years.

Llorente v. DHCR: NYLJ, 3/3/05, p. 25, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Tom, Saxe, Friedman, Sweeny, JJ)

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