Roof Access and Bicycle Storage Space Were Minor Conditions

October 10, 2012

LVT Number: #24371

Rent-stabilized tenants complained of a reduction in building-wide services based on lost use of public roof space and basement bicycle storage space. Landlord claimed that these services were de minimis, or minor, and not required under any of tenants' leases. The DRA ruled for tenants, but the DHCR reversed, finding that these were minor conditions that didn't warrant rent reductions. Tenants filed an Article 78 appeal and lost. The DHCR's decision had a rational basis and was therefore upheld.

Rent-stabilized tenants complained of a reduction in building-wide services based on lost use of public roof space and basement bicycle storage space. Landlord claimed that these services were de minimis, or minor, and not required under any of tenants' leases. The DRA ruled for tenants, but the DHCR reversed, finding that these were minor conditions that didn't warrant rent reductions. Tenants filed an Article 78 appeal and lost. The DHCR's decision had a rational basis and was therefore upheld.

99 Riverside Dr. Tenants Assoc. v. DHCR: Index No. 102796/2012, NYLJ No. 1202571222533 (Sup. Ct. NY; 8/15/12; Kern, J)

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