Removal of Storage Service for Tenant Was De Minimis

Rent-stabilized tenant complained of a reduction in building-wide services. The DRA ruled for tenant in part, and reduced his rent. The DRA found that the building's new intercom system didn't have a video feature, even though the prior system had both a video and audio feature. But the DRA found no reduction in storage space service because there were no formal bins or separate lease rider concerning storage. Tenant appealed and lost. The removal of storage space here was de minimis in nature and didn't warrant a rent reduction. The 1984 building service registration didn't include storage space and there was no proof that tenant had a lease rider for storage space or that landlord provided formal storage boxes or bins to tenant within three years before tenant complained. The DHCR also denied landlord's appeal. While landlord had now installed the video feature, this was grounds for a rent restoration application, not a revocation of the DRA's order.

Berg/Thor 840 West End Avenue, LLC: DHCR Adm. Rev. Docket Nos. EU410074RT, EV410002RO (3/3/17) [4-pg. doc.]