Policy for Minor Defects Applies to Tenant's Claim

February 1, 2003

LVT Number: 16411

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of reduced services based on landlord's removal of storage space. The DRA ruled against tenant. Tenant appealed and lost. The current Rent Stabilization Code and prior DHCR policy stated that providing storage space was not a required service unless tenant had a lease rider providing for storage or unless landlord provided storage boxes or bins to tenants within three years before tenant filed a complaint. Tenant had no lease rider for storage.

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Tenant complained of reduced services based on landlord's removal of storage space. The DRA ruled against tenant. Tenant appealed and lost. The current Rent Stabilization Code and prior DHCR policy stated that providing storage space was not a required service unless tenant had a lease rider providing for storage or unless landlord provided storage boxes or bins to tenants within three years before tenant filed a complaint. Tenant had no lease rider for storage. And tenant filed her complaint in 1990, even though she complained that storage was eliminated in 1983.

Schoberle: DHCR Admin. Rev. Dckt. No. QG430098RT (1/17/03) [3-pg. doc.]

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