Landlord Eliminated Courtyard

Tenants complained of a reduction in building-wide services. They claimed that landlord had eliminated the building courtyard without seeking permission from the DHCR. The DRA ruled for tenants and reduced their rents. Landlord appealed, claiming that the area in question wasn't a courtyard but merely an exitway or an alley. Landlord also argued that a prior DHCR order on the same issue at the building found that courtyard elimination was a minor change. The DHCR ruled against landlord. The prior order involved landscaping and grounds maintenance. It made no ruling on whether there was a courtyard. Tenants showed that there was a courtyard area at the rear of the building, and landlord had eliminated it.

Med, LLC: DHCR Adm. Rev. Docket No. VK410033RO (4/30/08) [2-pg. doc.]