Landlord Altered Storage Space

Tenants complained of a reduction in building-wide services. They claimed that landlord no longer provided storage in the same way it did to the other two buildings in the complex. The DRA ruled for tenants and reduced their rent. Landlord appealed, claiming that there was no difference in the service provided at the different buildings. The DHCR ruled against landlord. According to the DHCR's general policy, removing storage space is a minor condition unless the storage space was provided for in a special lease clause or the tenants can prove that landlord was providing such space within three years of their complaint. But the DHCR didn't apply that policy in this case because both parties agreed that same storage place was and is still being provided. A hearing held in reference to landlord's application to restore rents determined that in the 1970s and early 1980s landlord provided a locked room with 15 to 20 wire mesh storage bins measuring 3' by 3' or 4' by 4', which tenants could lock. Landlord removed the bins between 1983 and 1985 and now provided only a locked storage room with access provided by the super or handyman. Tenants' stored items were marked by tags. Tenants claimed they didn't use the storage room since there were no longer individual bins that could be locked. Landlord had clearly been providing a certain level of storage space service on the base date and had altered the service in a manner barred by the Rent Stabilization Code. This wasn't a minor condition under DHCR policy, but a reduction in services.

Winston Assoc.: DHCR Adm. Rev. Dckt. No. IB130290RO (10/22/97) [3-page document]