Pool and Garage

May 31, 2003

LVT Number: 16616

The DRA ordered landlord to amend the initial building registration statement to include a swimming pool and parking garage as required services. The DRA found that these were required ancillary services operated by separate entities but that they had common ownership with landlord. Landlord appealed. The DHCR considered whether the pool and garage services were provided primarily for the use of tenants and ruled against landlord. A rental brochure for the building described both the pool and the garage as amenities being offered to the building's tenants.

The DRA ordered landlord to amend the initial building registration statement to include a swimming pool and parking garage as required services. The DRA found that these were required ancillary services operated by separate entities but that they had common ownership with landlord. Landlord appealed. The DHCR considered whether the pool and garage services were provided primarily for the use of tenants and ruled against landlord. A rental brochure for the building described both the pool and the garage as amenities being offered to the building's tenants. And tenants paid a pool club membership that was substantially lower than the nonresident charge. This showed a preference to tenants for use of the pool.

Solow Mgmt. Corp.: DHCR Adm. Rev. Dckt. No. OA410010RP (4/11/03) [4-pg. doc.]

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