Landlord Can't Remove Storage Bin

LVT Number: 18597

Landlord applied for permission to remove the basement storage bin of one rent-stabilized tenant. Landlord claimed that it needed the storage space for upgrades to the utility lines in the electric room in the basement. The DRA ruled for landlord on the condition that it reduce tenant's rent by $50 per month. Landlord appealed, claiming that there should be no rent reduction. The storage bin was small and represented less than 1 percent of tenant's apartment space. Alternatively, landlord asked the DHCR to revoke its order and direct restoration of the storage bin service.

Landlord applied for permission to remove the basement storage bin of one rent-stabilized tenant. Landlord claimed that it needed the storage space for upgrades to the utility lines in the electric room in the basement. The DRA ruled for landlord on the condition that it reduce tenant's rent by $50 per month. Landlord appealed, claiming that there should be no rent reduction. The storage bin was small and represented less than 1 percent of tenant's apartment space. Alternatively, landlord asked the DHCR to revoke its order and direct restoration of the storage bin service. The DHCR ruled for landlord to the extent that it revoked the DRA's order and directed landlord to maintain tenant's storage bin service. Landlord had removed tenant's storage bin before it sought permission, and then only did so because tenant filed a reduction in services complaint. Apparently, its need for the space was not as compelling as was initially claimed.

315 Central Park West: DHCR Adm. Rev. Dckt. No. SF410040RO (11/10/05) [2-pg. doc.]

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