Use of Pool Not Required

Tenants complained of a reduction in services based on landlord's closing of a pool previously made available to tenants. The DRA ruled for tenants, finding that while the use of the pool wasn't included in their rents, the availability of the pool was an essential service that couldn't be denied arbitrarily. The DRA noted that only 20 tenants out of 210 currently subscribed to use the pool, and only six of the 44 complaining tenants had used the pool in the prior three years. The DRA reduced the rents of tenants who subscribed in the past three years by $5 per month, and reduced the rents of the other complaining tenants by $2 per month. Landlord and tenants both appealed. Landlord pointed out that in a prior order, the DHCR had ruled that the pool wasn't a service. The DHCR ruled for landlord and revoked the rent reductions. The prior agency order was a final order, never appealed, and was binding.

Mott/Dom: DHCR Adm. Rev. Dckt. Nos. GB710032RO and GA730258RT (11/3/98) [3-page document]