Tenants' Storage Space No Longer Required Service

Tenants complained of a reduction in building-wide services. They claimed that landlord removed their storage space to make room for the construction of duplex apartments from the basement to the first floor of their building. The DRA ruled against tenants, finding no reduction in services. Tenants appealed and lost. Removal of storage space is a minor condition unless tenants have a specific lease provision requiring this service or unless landlord has provided formal storage boxes or bins to tenants within three years before tenants file a DHCR complaint claiming elimination of this service. Here, there was no lease rider providing for storage space. And there was no proof that landlord provided formal storage boxes or bins to tenants within three years before their complaint was filed. Therefore, storage space wasn't a required service for tenants.

Cohen: DHCR Adm. Rev. Docket No. VI430020RT (12/27/07) [3-pg. doc.]