Removal of Storage Bins Was De Minimis

Tenants complained of a reduction in building-wide services based on landlord’s removal of basement storage bins. The DRA ruled against landlord and reduced their rents. Landlord appealed to the DHCR and lost. Landlord then filed an Article 78 court appeal, claiming that the DHCR’s decision was unreasonable. The DHCR agreed to take the case back for reconsideration and, after a hearing, determined that the removal of the storage bins without first obtaining the DHCR’s permission was de minimis--that is, minor. The rent reductions therefore were revoked. [Download decision here.]

867 Onderdonk LLC: DHCR Adm. Rev. Docket No. DU110006TP (2/17/17) [2-pg. doc.]