Landlord Proves It Restored Storage Room Service

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents. The DRA later denied landlord's application to restore rents. Landlord filed a PAR, and the DHCR ruled against landlord. Landlord then filed an Article 78 court appeal, and the case was reopened and sent back to the DHCR for further consideration. Landlord's rent restoration application referred to restoration of a storage "area," although the rent reduction order referred to a storage "room." The DHCR wouldn't consider landlord's additional explanation when it filed its PAR of the denial of the rent restoration application. But, after reconsideration, it was clear that landlord had restored an available and readily accessible "storage room" set off from the first-floor lobby of the building. Landlord submitted a schematic floor plan and photographs showing the room, with shelving, that's accessed through a locked door off the lobby area. Tenants' use of the storage room was plainly apparent, as shown in photographs. Tenants' rents therefore were restored effective Dec. 1, 2016. 

Dorfman/Simcha Equities LLC: DHCR Adm. Rev. Docket No. GR630003RP (8/17/18) [3-pg. doc.]