Landlord Wants to Give Tenant Use of Backyard

Landlord planned to give future tenants of a ground floor apartment exclusive access to the backyard, a service not previously provided. Landlord asked the DHCR if the addition of the yard to the rental would qualify as a new apartment subject to a first rent. In an opinion letter, the DHCR said no. Since landlord didn't plan any enclosure, it wasn't adding a room to the apartment and so wasn't creating a new apartment. On the other hand, if landlord installed a fully enclosed patio equipped with heating, lighting, and electrical outlets, this would make the yard usable year round and may qualify the apartment for a first rent. If landlord merely added a door to the apartment leading to the yard, landlord could at most collect a 1/40th increase for the door.

DHCR Opin. Ltr by Charles Goldstein (5/10/02) [2-pg. doc.]