Landlord Can Relocate Storage Space from 10th Floor to Basement

Landlord asked the DHCR for permission to relocate tenants' three storage rooms from the 10th-floor to the basement of the building. The DRA ruled against landlord, finding that the 10th floor space was a required service and the basement space wasn't an equal substitution. Landlord appealed and won. Tenants lived on the sixth floor. The proposed basement storage was an equal substitution, provided that it was at least the same size as tenants' prior storage space, was for their use only, was accessible by elevator on a 24-hour, seven-day basis, was clean, heated, well lit, and secure, and was Sheetrocked and painted. Landlord must also pay the cost of moving tenants' possessions from the prior storage space to the new storage space.

Sixty-Second St. II, LLC: DHCR Adm. Rev. Dckt. No. OJ410174RO (2/8/01) [3-pg. doc.]