Tenant Gets Use of Patio

September 30, 1994

LVT Number: 9185

Mount Vernon tenant complained of a decrease in services, claiming that she was entitled to the exclusive use of the patio area outside her apartment. Landlord argued that the area belonged to the entire building. A DHCR inspector found that the area was separate from the main walkway, and could only be used by someone going through tenant's rear door. The DRA ruled that tenant could have exclusive use of the patio, and landlord appealed. Landlord loses. The inspection revealed that the patio was accessible only from tenant's apartment, so it can't be considered a common area.

Mount Vernon tenant complained of a decrease in services, claiming that she was entitled to the exclusive use of the patio area outside her apartment. Landlord argued that the area belonged to the entire building. A DHCR inspector found that the area was separate from the main walkway, and could only be used by someone going through tenant's rear door. The DRA ruled that tenant could have exclusive use of the patio, and landlord appealed. Landlord loses. The inspection revealed that the patio was accessible only from tenant's apartment, so it can't be considered a common area.

Frankel: DHCR Adm. Rev. Dckt. No. IC 910002-RO (8/22/94) [2-page document]

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