Landlord Wants to Replace Rooftop Solarium with Health Club

March 1, 2002

LVT Number: 15677

Landlord wanted to replace one of two existing rooftop solariums with a health club, for which it would charge a fee, and a free children's play area. Landlord believed the change in services would be minor and asked the DHCR if it needed to file any application for a change in services. In an opinion letter, the DHCR agreed that the change would be minor. But the DHCR advised landlord to file the application for approval of change in services.

Landlord wanted to replace one of two existing rooftop solariums with a health club, for which it would charge a fee, and a free children's play area. Landlord believed the change in services would be minor and asked the DHCR if it needed to file any application for a change in services. In an opinion letter, the DHCR agreed that the change would be minor. But the DHCR advised landlord to file the application for approval of change in services. Otherwise, if a tenant successfully claimed that the change was a reduction in required services, landlord would face a rent reduction and rent freeze.

DHCR Opin. Ltr. by Charles Goldstein (1/4/02) [2-pg. doc.]

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