Elimination of Storage Space Is Minor Condition

February 1, 2001

LVT Number: 14751

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services, claiming that landlord discontinued storage space previously provided. The DRA ruled against tenant, finding that this was a minor condition. Tenant appealed and lost. Under the DHCR's 1995 written policy, storage space is considered a minor condition unless tenant has a specific lease clause providing storage space or if landlord provided tenant with formal storage bins or boxes within three years before tenant complained.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of a reduction in services, claiming that landlord discontinued storage space previously provided. The DRA ruled against tenant, finding that this was a minor condition. Tenant appealed and lost. Under the DHCR's 1995 written policy, storage space is considered a minor condition unless tenant has a specific lease clause providing storage space or if landlord provided tenant with formal storage bins or boxes within three years before tenant complained. In this case, tenant didn't have a lease clause authorizing storage space. And tenant filed her complaint eight years after she claimed the storage space was removed.

Prager: DHCR Adm. Rev. Dckt. No. OG430051RT (1/3/01) [2-pg. doc.]

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