Landlord Changed Storage-Space Policy

Facts: Rent-stabilized tenants complained of a reduction in services based on a change in landlord's storage-space policy. Tenants showed that in the 1970s and early 1980s, storage space consisted of a locked room with 15 to 20 wire mesh storage bins, measuring approximately three feet by three feet or four feet by four feet. Tenants could place their own locks on the storage bins and could get access to the room through the super or handyman. Landlord removed the storage bins between 1983 and 1985. Since 1996, landlord provided a locked storage room with access provided by the super or handyman, and tenants' property was identified by tags. Landlord no longer provided storage bins. The DHCR ruled that the change in how landlord provided storage space was a reduction in services and reduced tenants' rents. Landlord appealed, claiming the change in storage space was a minor condition which didn't warrant a rent reduction. Court: Landlord loses. The DHCR's decision was reasonable and the agency's ''de minimus'' policy didn't apply. Landlord admitted that at one time it provided storage bins and tenants' leases required landlord to provide storage space. Landlord's admitted change in its policy for the provision of storage space resulted in a reduction in services.

Waterside Mgmt. v. DHCR: NYLJ, p. 24, col. 6 (7/29/98) (Sup. Ct. Queens; LaTorella, J)