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Posted by TenantNet on May 16, 1996 at 17:26:52:

In Reply to: Re: Illegal Lockout posted by John O'Connor on May 16, 1996 at 16:36:27:

: If he claims the storage space as provided with
: the dwelling unit, then isn't it an illegal
: lockout and covered under landlord/tenant law?

Not necessarily. A storage space (in a NYC rent
stabilized apartment) is considered a service (ei ther
required or ancillary) but not part of the dwelling unit.
It would be a service reduction for which the tenant
may file a service reduction complaint (and possibly
get a rent reduction/freeze) but not an illegal lockout.
It might not e ven rise to what could be considered
a partial "constructive eviction" (although I personally think
the latter should apply). This is where it gets tricky since
although DHCR and the courts have conncurrent
jurisdiction over things like overch arges, other
things like "services" are considered within the complete
jurisdiction of DHCR and not able to be raised in court.
This is why it's important in this case to have it presented
as it really is -- a denial of a separately rented
commercial space. The owner will most likely concoct a
story that will put it with DHCR which is more hostile to tenants
and can take 5 years or more.

Follow Ups:

• Re: Illegal Lockout-Called The Police Mr Bunker 5/17/96 (0)

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Comments:
: : If he claims the storage space as provided with
: : the dwelling unit, then isn't it an illegal
: : lockout and covered under landlord/tenant law?

: Not necessarily. A storage space (in a NYC rent
: stabilized apartment) is considered a service (either
: required or ancillary) but not part of the dwelling unit.
: It would be a service reduction for which the tenant
: may file a service reduction complaint (and possibly
: get a rent reduction/freeze) but not an illegal lockout.
: It might not even rise to what could be considered
: a partial "constructive eviction" (although I personally think
: the latter should apply). This is where it gets tricky since
: although DHCR and the courts have conncurrent
: jurisdiction over things like overcharges, other
: things like "services" are considered within the complete
: jurisdiction of DHCR and not able to be raised in court.
: This is why it's important in this case to have it presented
: as it really is -- a denial of a separately rented
: commercial space. The owner will most likely concoct a
: story that will put it with DHCR which is more hostile to tenants
: and can take 5 years or more.


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