Complaint Filed Before DHCR Policy on Minor Conditions Was Issued

Tenants complained of a reduction in building-wide services. The DRA ruled for tenants, finding that landlord wasn't providing storage space previously provided to tenants. Landlord appealed, claiming that under the DHCR's de minimus policy, storage space wasn't a required service because tenants didn't have lease clauses providing for storage and tenants didn't file complaints within three years of the claimed removal of this service. The DHCR ruled against landlord. The DHCR's de minimus service policy was issued in November 1995. Tenants had filed their complaint in 1989. It wouldn't be fair to apply this policy to a complaint filed seven years earlier since there was no three-year time limit at that time.

Graham Ct. Owners Corp./Lowery: DHCR Adm. Rev. Dckt. Nos. LK530096RO, LK530131RT, LK530129RT, LK530130RT (10/30/98) [3-pg. doc.]