Inspector's Report Inconclusive

(Decision submitted by Pamela A. Koplik of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenants complained of a reduction in building-wide services based on landlord's removal of storage rooms. The DRA ruled for tenants and reduced their rents. Landlord applied to restore the rents based on restoration of the service. The DRA ruled against landlord because two tenants said that there was no access to the storage rooms and the building superintendent wasn't home at the time of inspection to verify whether the service had been restored. Landlord appealed, claiming that the storage room was available by getting a key from the super and that removal of storage space was a minor condition that didn't warrant rent reductions. Landlord submitted statements from eight other tenants who said they had access to the storage room by getting the key from the super. The DHCR sent the case back to the DHCR for further consideration. The inspector's report was insufficient to support a finding that landlord hadn't restored access to the storage rooms.

Morris Park Realty Corp.: DHCR Adm. Rev. Dckt. No. KH630124RO (12/23/97) [2-page document]