Removal of Rent-Stabilized Tenants' Storage Space Warranted Rent Reduction

Tenants complained to the DHCR of a reduction in building-wide services. They said that landlord began charging fees for storage lockers when storage was previously provided free of charge as a required service for rent-stabilized tenants. In addition, landlord reduced the area of storage space from two rooms to one room and replaced each tenant's newly constructed storage area from 103 cubic feet to 90 cubic feet. Tenants also claimed that the previous storage rooms consisted of a large storage room totaling 1,212 square feet and a smaller storage room totaling 648 square feet. In response, landlord claimed that the building had converted to a condominium that modified the storage area in 2009.

The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. The described storage space was a required ancillary service and couldn't be considered de minimis. Landlord had never applied to the DHCR for permission to modify the storage service provided at the building. Tenants' shouldn't have been precluded from utilizing the newly renovated storage room, and any storage areas provided to rent-regulated tenants were to be provided free of charge. And, since the storage area previously provided was reduced, a rent reduction was warranted. 

Weinreb Management LLC: DHCR Adm. Rev. Docket No. EV430009RO (7/29/22)[3-pg. document]