Landlord Can Move Storage Space to Basement

January 1, 2004

LVT Number: 17070

Landlord asked the DHCR for permission to substitute a required service for rent-stabilized tenants. Tenants lived on the sixth floor and were given the use of three rooms for storage space on the 10th floor. The DHCR approved landlord's request to substitute similar space in the basement for storage. Tenants appealed. The court and appeals court ruled against tenants. The relocation of the storage space to the basement wasn't a reduction in services. The DHCR's decision was reasonable because the new space was an adequate substitute service.

Landlord asked the DHCR for permission to substitute a required service for rent-stabilized tenants. Tenants lived on the sixth floor and were given the use of three rooms for storage space on the 10th floor. The DHCR approved landlord's request to substitute similar space in the basement for storage. Tenants appealed. The court and appeals court ruled against tenants. The relocation of the storage space to the basement wasn't a reduction in services. The DHCR's decision was reasonable because the new space was an adequate substitute service.

Elgart v. DHCR: NYLJ, 12/15/03, p. 28, col. 1 (App. Div. 1 Dept.; Nardelli, JP, Tom, Mazzarelli, Ellerin, JJ)

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