Tenant Claims Landlord Removed Backyard Service

Rent-stabilized tenant complained of a reduction in building-wide services. She said that landlord built an office in the building basement reducing storage space by 50 percent, and replaced the backyard with a parking lot for landlord's office space. She also claimed that landlord removed a clothesline. The DRA ruled against tenant, finding that removal of the backyard was minor. Tenant appealed. She said that the backyard service hadn't been maintained since 2002. Construction work began in 2005. The DHCR ruled for tenant and reopened the case. There was some question as to when the backyard for tenant's use was discontinued. While the DRA interpreted tenant's complaint to mean that the service was discontinued in 2002, tenant's statement could also have meant that the backyard was removed after 2002. If the backyard was removed in 2005 when construction began, the four-year de minimis presumption didn't apply.

Hagner: DHCR Adm. Rev. Docket No. WH110060RT (12/12/08) [3-pg. doc.]