Landlord Removed Garbage Disposal from Each Floor

Tenants complained of a reduction in services based on landlord's failure to provide a garbage disposal on individual floors. The DHCR ruled for tenants and reduced their rents. Landlord appealed, claiming that there was no garbage disposal registered as a service in 1984. The DHCR ruled against landlord. Initial registration of services in 1984 didn't change the base date for establishing required services, and landlord's failure to register had no bearing on the determination of which services must be maintained. Tenants proved that at some point on or after the base date, landlord had provided garbage disposal service on each floor. This was later discontinued, and tenants had to take their garbage to the basement by elevator during the day and by exiting the building and entering a side door to the basement at night.

Classic Equities, LLC: DHCR Admin. Rev. Dckt. No. PH430066RO (8/23/02) [3-pg. doc.]