Tenant Entitled to Attic Storage Space

Rent-stabilized tenant complained of a reduction in services after landlord co-op corporation directed him in 2003 to remove his personal property from an attic storage area tenant had used with landlord's permission for 20 years. Landlord had written to tenant, stating that use of the attic space for personal storage violated the North Hempstead building code. Tenant removed his belongings and began paying for a commercial storage space. The DRA ruled for tenant and reduced his rent. Landlord appealed, arguing that the condition was minor, and that there was no provision for storage in tenant's lease. The DHCR ruled against landlord. Although tenant's lease had no provision regarding storage, landlord had provided this service to tenant for 20 years, and tenant filed his complaint within four years after the service was discontinued. Tenant had spent over $3,000 for storage space since landlord discontinued storage space at the building. And landlord submitted no proof, despite the DRA's request, of any building code violation relating to attic storage.

James Development Corp.: DHCR Adm. Rev. Docket No. VJ710069RO (4/15/08) [6-pg. doc.]