Pool Cabanas Are Ancillary Service

Tenant complained of a rent overcharge, claiming that landlord charged too much for pool and cabana use. The DRA agreed, and found the overcharge willful. Landlord appealed, arguing that cabanas can't be considered a required service, because there have always been many more pool members than cabanas. Tenant claimed that the pool and cabanas had been available since 1962, and that their rental rates had followed rent stabilization guidelines increases until 1987. The DHCR ruled for tenant. The cabanas are an ancillary service provided by the building management since the base date. So, rent increases for their use must follow rent stabilization guidelines. Also, to qualify as a required service, the cabanas needn't be available to all tenants.

5700 Arlington Avenue, Apt. 10V: DHCR Adm. Rev. Dckt. No. DF 610105-RO (6/21/94) [5-page document]