Lease Provided for Storage Room

LVT Number: 15335

Tenant complained of a reduction in services based on discontinuation of storage room space. The DRA ruled for tenant, and landlord appealed. Landlord showed that tenant signed a lease in 1980 allowing landlord to cancel the use of the storage room at any time without changing tenant's responsibilities. The DHCR ruled against landlord. Landlord's lease provided that landlord would provide a storage room to tenant at no cost. So the storage room became a required service. A clause in a later lease allowing landlord to cancel the use of the storage room was void.

Tenant complained of a reduction in services based on discontinuation of storage room space. The DRA ruled for tenant, and landlord appealed. Landlord showed that tenant signed a lease in 1980 allowing landlord to cancel the use of the storage room at any time without changing tenant's responsibilities. The DHCR ruled against landlord. Landlord's lease provided that landlord would provide a storage room to tenant at no cost. So the storage room became a required service. A clause in a later lease allowing landlord to cancel the use of the storage room was void. Tenant can't waive his rights under rent stabilization.

Benjamin: DHCR Adm. Rev. Dckt. No. PD410083RO (8/17/01) [2-pg. doc.]

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