Landlord Removed Backyard, Basement from Tenant Use

Tenant complained of a reduction in building-wide services. She said that landlord removed the backyard and basement storage, both of which she previously had access to. The DRA ruled against tenant. The DRA found that the removal of the backyard was minor since it hadn't been maintained since 2002, more than four years before tenant complained. Tenant appealed, claiming that the DRA misstated the date she claimed that construction in the backyard started. And she maintained that landlord removed access to basement storage space.
The DHCR reopened the case. As worded, tenant's complaint could be interpreted to mean that the backyard access was removed in March 2002 or sometime after March 21, 2005. Her letter to landlord, submitted with the complaint stated that, "since you took possession of the building in March 2002, our backyard has been removed and replaced by a parking lot for the office space you constructed in the basement." So the DRA must investigate further. Tenant also raised a proper complaint about storage. She sent landlord a letter giving specific prior notice that the basement had been cut in half. Although she didn't use the word "storage," the letter gave notice of this complaint.

Hagner: DHCR Adm. Rev. Docket No. WH110060RT (12/12/08) [3-pg. doc.]