Garden Apartment Blues

[reddjet]

I've had a rent stabalized lease since 1992 on an apt with a door directly onto a garden. It was listed and shown to me as a private garden but I did not know enough at that time to get a rider. There are 2 issues. #1. The guy next door uses the fire door to gain access to the garden.When I moveed in in 92 the then super told me the neighbor was only out there because previous tenants of my apartment had allowed him. He has become increasingly unsavory. #2. Last year, the managing agent moveed garbage storage from outside the building into the garden claiming that garbage could no longer be stored in front(even though other buildings on thee street continue to do so. So now all the tenants of the building are walking in and out, slamming the fire door constantly. I have little privacy. I have heard that an apartment can be considered as "physically configured" as to a terrace and I am wondering if my private door onto the garden might be considered in this way. Any thoughts or leads will be appreciated.

[Phil Cohen]

Your garden might be a "required service"--the denial of which could result in a rent freeze. Placing that garbage area out there could be the clincher. Ditto for the guy you mention. The fact that it is not in the lease doesn't matter.
You should check the fact sheets and DHCR rules re required services for individual apartments. You probably first have to send a certified letter to your LL describing that you are being deprived of a required service (the private garden) and demanding that he rectify the situation or you'll take steps.
What steps? Alas, I believe only the DHCR deals with required services complaints. Also I am not sure this kind of dispute would warrant hiring a lawyer, as would be required for a court case.

[Cranky Tenant]

On a similar note, I thought there was something about changing the area of an apartment somewhere on Tenantnet but I couldn't find it when I did a search.

If you have a "garden apartment" whether it was shared or private, the presence of the garbage would seem to transform it into part of the public areas.