The New York Times
Real Estate Q&A
229 W. 43rd St.
New York, NY 10036
December 10, 1995
Q.: Can condominium boards in New York City legally impose the same house rules on rent-stabilized tenants that they impose on unit owners? I live in a condo, in which residents with baby carriages, shopping carts, bicycles and similar wheeled vehicles are prohibited from entering the lobby. They must make a detour to use a basement entrance. Dogs, no matter how well-behaved, are also banned from the lobby. Is the board exceeding its authority by imposing these rules on rent-stabilized tenants?
Melvin Schechter, ManhattanA.: Edward T. Braverman, a Manhattan lawyer, who specializes in co-op and condominium law, said that in most cases rent-regulated tenants in buildings that have been converted to co-ops or condominiums are entitled by law to remain in their apartments in accordance with the terms of their rent-regulated leases.
"At the same time," he said, boards of condominiums and co-ops may, and usually do, adopt house rules relating to noise, pets and the use of lobbies and hallways. Unit owners or tenant-shareholders are subject to such rules.
Most offering plans, however, prohibit boards from passing any rules or regulations that would effectively limit the statutory rights of rent-regulated tenants. But while current law requires that services provided to such tenants must be maintained, once they are established, exceptions are often made, when changes to existing services are minor.
"Only the reduction of those services deemed to be essential or the creation of conditions that are hazardous or substantially deteriorate the housing accommodations are actionable," Mr. Braverman said. "Accordingly, while reasonable restrictions against baby carriages, shopping carts, bicycles and pets in the lobby might be inconvenient, the issue is, whether that inconvenience rises to the level of a reduction in services. And the ultimate decision on that would be up to the State Division of Housing and Community Renewal (DHCR)."
"In the event a rent-regulated tenant refuses to comply with house rules," he said, "the board cannot proceed directly against the tenant. Instead, it must move against the tenant's landlord, usually the original sponsor, who must then take action against the tenant. But if the house rule has not been incorporated into the tenant's lease, the landlord may have difficulty."