Landlord Refused to Accept Large Packages of Electronics for Tenants

Rent-stabilized tenant complained to the DHCR in 2014 of a reduction in building-wide services after building staff discontinued their acceptances, on behalf of tenants, of large electronic goods. Tenant claimed prior acceptance of such items by building staff made it a required service. The DRA ruled against tenant, who appealed and lost. Tenant then filed an Article 78 court appeal of the DHCR's final ruling.

The court ruled for tenant and sent the case back to the DHCR for a new ruling. First, the DHCR's ruling was inconsistent. On the one hand, the agency found that signing for large electronics wasn't a required service. But the DHCR also found that the reduction of such service was de minimis. Landlord acceptance of packages at the building was a required service. And, until landlord changed its policy, building staff accepted larger packages that could contain expensive items such as electronics. And refusal to accept larger, clearly marked electronic goods wasn't de minimis. As defined by the DHCR, de minimis items generally refer to items that don't require tenants to alter their regular activities. The DHCR also didn't adequately consider whether landlord's new policy was rationally tailored to aid in the reduction of liability for electronic devices. Smaller packages also could contain expensive items.

Desser v. Pascal: Index No. 152686/2017, 2020 NY Slip Op 31367(U)(Sup. Ct. NY; 5/13/20; Bannon, J)