Post by juliacampanelli on Aug 4, 2016 16:17:22 GMT
I am filing for a rent reduction due to decrease in services building wide, for the removal of lobby furniture and the removal of storage space in basement. While these types of serves are considered de minimus, each case is reviewed and determined individually. LMK if anyone else would like to add their name to the application. If more people sign, it will create a stronger case for rent reduction, or possibly getting more furniture (that we previously paid for) in the lobby and free storage space for our air conditioners and bikes.
DHCR - Rent Stabilized/Controlled tenants
Fact #37
Certain conditions complained of as constituting a decrease
in a required service may have only a minimal impact on
tenants, do not affect the use and enjoyment of the premises,
and may exist despite regular maintenance of services. Such
conditions, which are de minimis in nature, do not rise to the
level of a failure to maintain a required service.
The following schedule sets forth conditions that will
generally not constitute a failure to maintain a required service.
However, this schedule is not intended to be exclusive, and is
not determinative in all cases and under all circumstances. Therefore,
it does not include all conditions that may be considered de
minimis, and there may be circumstances where a condition, although
included on the schedule, will nevertheless be found to
constitute a decrease in a required service.
In determining whether a condition is de minimis, the
DHCR may consider the passage of time during which a disputed
service was not provided, and during which no complaint
was filed by any tenant alleging failure to maintain such disputed
service, as evidencing that such service condition is de minimis,
and does not constitute a failure to maintain a required service.
Therefore, the passage of four years or more will be considered
presumptive evidence that the condition is de minimis, with such
four -year period to be measured without reference to any changes
in building ownership or the tenancy of the subject housing
14. Lobby or Hallways:
Discontinuance of fresh cut flowers; removal of fireplace
andrions; modification of furniture; removal of some furnishings,
(determined on a case by case basis); removal of decorative mirrors;
reduction in lobby space where reasonable access to tenant
areas are maintained; elimination of public area door mat;
failure to maintain a lobby directory that is not associated with a
building intercom; removal or replacment of window coverings
(See DECORATIVE AMENITIES, item 6).
21. Storage Space:
Removal or reduction of, unless storage space service is provided
for in a specific rider to the lease (not a general clause in a
standard form residential lease), or unless the owner has provided
formal storage boxes or bins to tenants within three years
of the filing of a tenant’s complaint alleging an elimination or a
reduction in storage space service.