Terrace Is Required Service Despite Lease Provision to the Contrary

Rent-stabilized tenant complained of a reduction in services, claiming that his apartment terrace was damaged by landlord’s exterior waterproofing project. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord argued that the terrace wasn’t a required service but that tenant was simply allowed to use the terrace area outside his apartment under a revocable license. But although tenant’s lease stated that the terrace wasn’t a service provided by tenant’s lease, landlord allowed tenant to use the terrace area. Therefore, tenant’s use of the terrace area was a required service.

137 East 38th Street LLC: DHCR Adm. Rev. Docket No. BV410010RO (7/17/15) [6-pg. doc.]