Landlord Can't Restrict Time for Outside Deliveries

Tenant complained of a reduction in services. In 1986, sometime after cooperative conversion of her building, landlord imposed a new restriction on outside deliveries. Deliveries to apartments were permitted between 9:00 a.m. and 5:00 p.m. Otherwise, deliveries had to be left with lobby attendant. Tenant was disabled and claimed the house rule caused her hardship. Landlord initially waived the rule for tenant but six years later enforced it. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Landlord didn't deny that 24-hour deliveries were permitted when tenant move into the building in 1969. And unrestricted deliveries continued from 1986 to 1992, in spite of a building policy against it. So landlord's subsequent denial to tenant of unrestricted access for legitimate deliveries was a reduction in services.

Rosenthal: DHCR Adm. Rev. Dckt. No. IC430228RO (10/8/96) [3-page document]