Landlord Could Terminate Conditional Rental of Storage Space

Tenant complained of a reduction in services. The DRA ruled for tenant, reduced tenant's rent, and ordered landlord to restore services. Tenant appealed, claiming that storage space on the 10th floor was a required service that the DRA didn't list in its order. The DHCR ruled against tenant. Landlord wrote tenant a letter in 1990 stating that tenant could rent the 10th floor room for storage for $200 per month only after landlord had moved out and that landlord could reclaim possession of the room at any time upon 10 days' notice. This was a conditional rental that landlord could terminate at any time and wasn't a required or ancillary service. A housing court had already made the same ruling.

Madison Murray Assocs./Berley: DHCR Adm. Rev. Dckt. Nos. HJ410311RO; HJ410251RT (7/22/96) [3-page document]