Tenants Claim Landlord Removed Storage Space

Facts: In January 1990, 17 out of 235 building tenants complained that landlord reduced required services by removing basement storage space. Landlord had advised tenants in writing in 1983 to remove all their personal items from the basement room. Landlord claimed it never authorized tenant use of storage space and never registered storage space as a required service in 1984. The DRA ruled for tenants and ordered landlord to restore storage space to tenants. Landlord appealed. The DHCR ruled against landlord, and landlord appealed again. While landlord's PAR was pending, the DHCR issued an interoffice memo in 1995 that stated that storage space was a de minimis service unless there was a lease clause providing for it or unless formal storage boxes or bins were provided within three years before the complaint was filed. Landlord claimed that the de minimis memo should be applied in this case. The DHCR asked the court to send the case back for reconsideration. The court ruled against landlord and the DHCR. Landlord appealed. Court: Landlord wins. The DHCR had admitted in court that it should reconsider landlord's PAR based on its own interoffice memo. The case was sent back to the DHCR for reconsideration.

Hakim v. DHCR: NYLJ, 6/5/00, p. 22, col. 2 (App. Div.1 Dept.; Rosenberger, JP, Nardelli, Mazzarelli, Wallach, Rubin, JJ)