(A) The following amenities, supplied in connection with use or occupancy of a rental unit, may not be severed from a tenancy without good cause: garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, backyards, gardens on the same lot, kitchen facilities, toilet facilities, or lobbies.
(B) For purposes of this section, good cause shall include:
(1) Required by federal, state, or local law;
(2) For rental units that are exempt from the Rent Stabilization chapter, § 11-3.01 et seq., acceptance of the severance in writing by the tenant after receipt of written notice from the landlord that the tenant need not accept the severance;
(3) For rental units that are regulated by the Rent Stabilization chapter, § 11-3.01 et seq., approval of the removal of amenities by a hearing officer; or
(4) Severance results from the removal of a balcony for which repair or removal was necessary for safety and the landlord has obtained all necessary permits for the removal.
(C) A severance does not include noticed temporary unavailability of the above housing services to perform necessary work with all required permits.
(Ord. 2232-C-S, passed 9-12-2023)