Landlord Must Restore Health Club Service

Rent-stabilized tenant complained of a reduction in building-wide services. She claimed that landlord stopped providing a health club in the building. The DRA ruled for tenant and reduced her rent. Landlord appealed, claiming that tenant wasn't a member of the health club at the time it was temporarily closed for repairs. Tenant hadn't used the health club during the four years before it was closed. This made health club service de minimis, or minor, in tenant's case. Landlord also argued that temporary service interruption didn't warrant a rent reduction. The DHCR ruled against landlord. The health club was a base date service provided to tenant, and there was no merit to landlord's claim that tenant wasn't a member when the health club was closed. In addition, tenant filed her complaint within four years after the health club was closed, so the de minimis policy didn't apply. And temporary closing of the health club was a service reduction and warranted a rent reduction.

322 West 57th Owner, LLC: DHCR Adm. Rev. Docket No. WK410007RO (3/27/09) [3-pg. doc.]