Use of Backyard Not Required

April 30, 2006

LVT Number: 18857

Tenant complained to the DHCR of a reduction in services. He claimed that he was entitled to use the building's backyard garden. The DRA ruled against tenant after a hearing. Tenant appealed and lost. Tenant then challenged the DHCR's ruling in court, claiming that it was unreasonable. The court and appeals court ruled against tenant. Tenant claimed that he had used the backyard for a long time with landlord's knowledge. But tenant could reach the backyard only through his apartment window. And landlord had repeatedly told tenant not to use the backyard. The DHCR's ruling was reasonable.

Tenant complained to the DHCR of a reduction in services. He claimed that he was entitled to use the building's backyard garden. The DRA ruled against tenant after a hearing. Tenant appealed and lost. Tenant then challenged the DHCR's ruling in court, claiming that it was unreasonable. The court and appeals court ruled against tenant. Tenant claimed that he had used the backyard for a long time with landlord's knowledge. But tenant could reach the backyard only through his apartment window. And landlord had repeatedly told tenant not to use the backyard. The DHCR's ruling was reasonable. The fact that tenant had no lease describing whether or not the backyard was a required service didn't matter.

Meirowitz v. DHCR: NYLJ, 4/24/06, p. 25, col. 5 (App. Div. 1 Dept.; Buckley, PJ, Marlow, Sullivan, Gonzalez, Sweeny, JJ)

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