Swimming Pool Is Ancillary Service

Tenants complained that landlord discontinued their use of a swimming pool at the building. The DHCR ruled for tenants. Landlord appealed and lost. The DHCR's finding that the swimming pool was provided primarily for use by tenants in the building was supported by the evidence. The pool was located on the roof of the building, reached by residential elevators, listed as the first extra feature in the building's rental brochure, and was made available to tenants at a reduced membership rate. About 60 percent of tenants were members. So it was a required ancillary service. The court also upheld the DHCR's other finding, that a parking garage provided to tenants in the building's basement was a required ancillary service. Even if, in recent years, an average of 57 percent of the garage users were nontenants, the service was provided primarily for tenants. Rental brochures described the garage and stated that it was linked to an internal direct-dial intercom system to the apartments.

501 E. 87th St. Realty Co. v. DHCR: NYLJ, 10/13/05, p. 26, col. 2 (App. Div. 1 Dept.; Tom, JP, Marlow, Ellerin, Williams, McGuire, JJ)