Llorente v. New York State Div. of Housing and Community Renewal

In Llorente v. New York State Div. of Housing and Community Renewal (16 AD3d 105 [1st Dept 2005]) the owner terminated the tenant's access to the backyard on the grounds that the laundry services had been provided by a former superintendent as his own business without owner authorization, and that there was nothing in the tenant's lease authorizing the use of the backyard. The tenant applied for and apparently obtained a rent reduction. On the issue of whether the determination in the tenant's favor by the Division of Housing and Community Renewal ("DHCR") was rationally based, the First Department held that the laundry room facilities and backyard access fell within the definition of required ancillary services. It was undisputed that "the offer of those services induced the tenant to sign her initial lease" and the backyard was continuously provided by landlords or the superintendent and enjoyed by the tenant for the first six years of her occupancy.