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Community room closure isn't minor condition.


Rent-stabilized tenants complained of a reduction in building-wide services after landlord closed a community room previously used by tenants. The DHCR ruled for tenants and reduced their rents. New landlord appealed, claiming that the DHCR's decision was unreasonable. The court and appeals court ruled against landlord. Prior landlord admitted in answer to tenant's complaint that access to the community room was a required service that previously was provided to tenants and that it would continue to provide this service. So it didn't matter that this type of service was one listed in the Rent Stabilization Code as one that could be found to be de minimis--that is, minor. The DHCR's decision that Rent Stabilization Code Section 2523.4(f)(1) didn't apply to this case was reasonable.

* Bluestar Properties v. DHCR: NYLJ, 1/17/12, p. 20, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Saxe, Freedman, Roman, JJ)

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Publication:New York Landlord v. Tenant
Date:Feb 1, 2012
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