Discontinuation of Tenant's Storage Space Not De Minimis

Two tenants complained of a reduction in building-wide services based on landlord's elimination of basement storage-bin services. The DRA ruled for tenants. Landlord appealed, claiming that elimination of tenants' storage bin was a minor condition that didn't warrant a rent reduction. Landlord also argued that tenants delayed too long in filing their complaint. The DHCR ruled against landlord. In a prior proceeding, landlord asked permission to discontinue storage-bin services because the bins were located near piping and wiring that required repairs. The DRA ruled for landlord on the condition that tenants' rent be reduced by $50 per month. Landlord appealed that decision, and the DHCR ruled against landlord. The DHCR also revoked permission to eliminate the storage bins, because landlord had misrepresented the facts. Landlord was bound by the prior order, and tenants didn't complain too late as the issue was already before the DHCR in the prior proceeding.

Brookford, LLC: DHCR Adm. Rev. Docket No. VB410006RO (7/6/07) [3-pg. doc.]