Storage Space Wasn't a Designated Bicycle Room

Tenants complained of a reduction in building-wide services based on landlord's removal of a "bicycle room" in the building basement along with discontinuance of a public roof area. The DRA ruled for tenants. Landlord appealed, and the case was reopened. Landlord claimed that there were no lease provisions permitting tenant roof access and that there had never been a designated bicycle room. There was only storage space were tenants were permitted to store items, including bicycles.The DRA again ruled against landlord, finding that many tenants used the roof and discontinuing access wasn't a minor, or de minimis, condition. Tenants also testified that for many years a basement room was used primarily for bicycle storage. Landlord appealed and won. Rent Stabilization Code Section 2523.4(e) states that de minimis conditions included discontinuance of recreational use of a roof absent a lease provision or formal facilities. There were no lease clauses authorizing roof use by tenants, no permanent fixtures for tenant use, and tenants indicated that their use of the roof was infrequent. Removal of the bicycle room also was a de minimis service reduction. Tenants admitted that the room was used for placement of bicycles as well as other items. It was therefore a storage space. There was no provision for storage in tenants' leases and no showing that landlord had formally designated any bicycle spaces to tenants within four years before tenants complained.

98 Riverside Drive, LLC: DHCR Adm. Rev. Docket No. ZJ430014RO (3/30/12) [6-pg. doc.]