Alternate Storage Space Is Adequate Substitution of Services

(Decision submitted by Steven Sidrane of the Hewlett law firm of Sidrane & Schwartz-Sidrane, LLP, attorneys for the landlord.) Landlord applied for permission to modify services. Landlord wanted to move storage spaces for tenants of one building to its other, adjoining, building. The DRA ruled against landlord, finding that the alternate storage space wasn't accessible to tenants. Landlord appealed. Landlord pointed out that in 1991 the open storage area at 293 Riverside was discontinued and that the building's co-op board constructed metal bins and offered them to co-op owners for a fee. Landlord wanted to give tenants of the two apartments he owned storage space at 292 Riverside, which he wouldn't have to pay for. Landlord also said he would accept a permanent rent reduction for permission either to discontinue the service or to provide storage at 292. The DHCR ruled for landlord. An inspection showed that the storage space at 292 was readily accessible to tenants and as easy to reach as the storage space intenants' building. The nearby space was otherwise similar to the existing storage space. Laundry room service for tenants living at 293 was also provided to tenants in the 292 building.

Chestnut Holdings: DHCR Adm. Rev. Dckt. No. SJ410058RO (7/5/05) [3-pg. doc.]