Landlord Who Modifies Parking Area Must Still Provide Play Areas

Landlord asked the DHCR for permission to modify parking service at three adjoining buildings. Landlord wanted to move existing outdoor parking to parking spaces in new outdoor parking areas to be created. Landlord claimed that the recreational, open, and/or green areas that existed at the buildings would be fully and adequately replaced with new similar areas. The DRA ruled for landlord. Tenants appealed, claiming that landlord's proposal would eliminate a large central open space in the middle of the three buildings. The DHCR found that the previously existing open central space was a required service and that some portion of this space, including playgrounds, would be lost by permitting the modified service. So the DHCR permanently reduced tenants' rents by one rent guidelines increase of 4 percent. In addition, when the new parking space is completed, landlord must maintain a south playground, a north playground, a new green space, a south lawn, a north lawn, a south sitting area, and a north sitting area, and the DHCR set forth the required square footage for each. 

784 Columbus Avenue: DHCR Adm. Rev. Docket Nos. BN410035RT-BN410037RT (2/12/14) [13-pg. doc.]