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IN THE MATTER OF GOLDMAN v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

31 A.D.3d 275 (2006)

817 N.Y.S.2d 498

In the Matter of MICHAEL GOLDMAN, Individually and on Behalf of ONE UNIVERSITY PLACE TENANTS ASSOCIATION, Petitioner, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

July 6, 2006.

A rent reduction will be ordered only where it is found that an owner has failed to maintain a required service (Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-514; Rent Stabilization Code [RSC] [9 NYCRR] § 2523.4). However, certain conditions are so de minimis in nature that they do not rise to a level of failure to maintain a required service. One of them is "discontinuance of recreational use [of a roof] (e.g., sunbathing) unless a lease...

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