Landlord Must Restore Storage Bins

LVT Number: 13093

Tenant complained of a reduction in services based on landlord's removal of a storage bin. The DRA ruled for tenant and directed landlord to restore the bin. Landlord appealed, claiming there was no proof that tenant had ever used the storage bin and that landlord couldn't provide the storage bin because a cooperative corporation now controlled the building. The DHCR ruled against landlord. Landlord had previously filed an application for modification of services regarding storage space and had asked tenant to remove his belongings from the storage bin.

Tenant complained of a reduction in services based on landlord's removal of a storage bin. The DRA ruled for tenant and directed landlord to restore the bin. Landlord appealed, claiming there was no proof that tenant had ever used the storage bin and that landlord couldn't provide the storage bin because a cooperative corporation now controlled the building. The DHCR ruled against landlord. Landlord had previously filed an application for modification of services regarding storage space and had asked tenant to remove his belongings from the storage bin. So landlord's claim that tenant never used the storage bin was not believable. It was a required service that landlord must provide.

Wychwood Gardens Co.: DHCR Adm. Rev. Dckt. No. MH710008RK (10/6/98) [2-pg. doc.]

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