Swimming Pool and Health Club Are Required Services

Rent-stabilized tenants complained of a reduction in building-wide services. They said that landlord stopped letting them use a swimming pool and health club service that the building provided. The DRA ruled for tenants, reduced their rents, and ordered landlord to restore pool service. Landlord appealed, claiming that the pool was a private service provided to the general public and only to tenants who signed contracts for the use of the pool. Landlord said that none of the complaining tenants had signed a contract.

The DHCR ruled against landlord. Landlord provided the pool and health club to tenants at the building for 38 years. So they were required ancillary services under the Rent Stabilization Code. Landlord also had refunded to tenants fees collected for the use of the pool and health club during a period when they were closed for repairs. So landlord couldn't claim that tenants had no standing to complain because they had no contracts for these services. Landlord also had claimed that the pool and health club were closed for repairs. But landlord indicated that repairs could take more than six months. So a rent reduction was warranted.

Helmsley-Spear, Inc.: DHCR Adm. Rev. Docket No. WH430060RO (2/6/09) [3-pg. doc.]