Tenant Claims Right to Use Rear Yard

September 30, 2005

LVT Number: 18403

New landlord of rent-stabilized building noted that first-floor tenant's last renewal lease stated that ''tenant has the right to use the yard.'' Landlord asked the DHCR if the yard was a required service, since it wasn't included in her initial lease and there had been no rent increase. Tenant also claimed that she had exclusive use of the yard, which landlord questioned. In an opinion letter, the DHCR said that the lack of language in tenant's initial lease didn't mean it wasn't a required service. It became a required service once given to tenant with her renewal lease.

New landlord of rent-stabilized building noted that first-floor tenant's last renewal lease stated that ''tenant has the right to use the yard.'' Landlord asked the DHCR if the yard was a required service, since it wasn't included in her initial lease and there had been no rent increase. Tenant also claimed that she had exclusive use of the yard, which landlord questioned. In an opinion letter, the DHCR said that the lack of language in tenant's initial lease didn't mean it wasn't a required service. It became a required service once given to tenant with her renewal lease. Whether tenant had exclusive use of the yard couldn't be decided by the DHCR unless there was a formal proceeding, such as a tenant complaint based on reduction of services.

DHCR Opin. Ltr. by Michael B. Rosenblatt (3/25/05) [2-pg. doc.]

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