Landlord Restored Community Room to Tenants

Tenants complained of a reduction in building-wide services, claiming that landlord had changed the locks and denied access to a community room previously provided for tenant use. The DRA ruled for tenants and reduced their rents. Landlord later sought rent restoration based on the restoration of services. The DRA ruled for landlord.
Tenants appealed and lost. Tenants claimed that landlord engaged in deceptive tactics to avoid providing the community room to tenants. They claimed that landlord charged a $250 rental fee for the use of the community room. Plus, landlord didn't consult the Tenants Association to establish priority for use of the space. And landlord didn't give tenants keys to the community room. The DRA's order found that landlord had denied tenants access to the community room by changing the locks to the room entrance door. But landlord attempted to provide a key to the Tenant Association representative, and a sign in the room stated that it was available for tenant use without cost. The sign also advised tenants to contact the building super to arrange any meeting or event time. Prior Mitchell-Lama regulations applicable to the building before it became subject to rent stabilization stated that landlord couldn't unreasonably withhold consent to use the community room and a reasonable charge, including a refundable deposit, may be collected for janitorial or related services. These regulations also gave the Tenants Association first, but not exclusive, priority for use of the room. These regulations became part of the required service, and landlord should give tenants copies in writing to clarify what constituted proper community room service.

Ayala: DHCR Adm. Rev. Docket No. ZA630036RT (3/9/12) [5-pg. doc.]