Landlord Can Move Storage Area to Basement

Landlord asked the DHCR for permission to move tenant's 10th floor storage area to the basement. The DRA ruled against landlord, finding that the basement wasn't an equal substitution for a required service. Landlord appealed and won. The basement storage space gave tenant the same amount of floor space for exclusive use, was clean, heated, well lit, and secure, with locking doors to which only tenant would have keys. It was accessible 24 hours a day, seven days a week by elevator. While tenant claimed that he would have no access if the elevator wasn't working, there was no proof that the elevator had been unavailable.

27 E. 62nd St.: DHCR Admin. Rev. Dckt. No. PL410013RP (4/25/02) [3-pg. doc.]