Kitchen Utensil Drawers Not Required in Tenant's Apartment

Tenant complained of a reduction in services because his kitchen cabinets contained no utensil storage drawers. The DRA ruled against tenant and dismissed the complaint. Tenant appealed and lost. Tenant claimed that this item was supplied in other apartments in his line. But tenant submitted no proof of this and admitted that he never had this equipment in his apartment. Rent Stabilization Code Section 2520.6(r) lists required services as those that landlord was maintaining or was required to maintain on the base date, plus any others added or required by law after that. Tenant's kitchen never had utensil drawers, and there was no requirement to provide them under the Housing Maintenance Code. Tenant also failed to prove that other apartments in his line had this service.

Robinson: DHCR Adm. Rev. Docket No. YC410026RT (8/20/10) [3-pg. doc.]