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Our coop, which is comprised of shareholders and renters alike, has storage lockers in the basement available for monthly rent. There is a waiting list and it has always been is a first come system for ALL residents. The old House Rules state that any "resident" could contact the managing agent concerning availability.
We just received new House Rules which state, "When a resident leaves, the storage locker will be offered to the next shareholder on the waiting list. If there are no shareholders on the waiting list, the locker may be offered to the next non-shareholder Resident on the waiting list."
This seems outright discriminatory.
In addition, is this legal or not grounds for rent reduction based on a loss of service?
Thanks for your reply BUT It has been precedent in our building that we have a normal first come waiting list since the inception of the storage lockers. It is certainly fundamentally discriminatory to treat a category of residents differently - in this case. It is also against community spirit. No - I think your opinion is wrong. To add another screw, co-op House Rules do not apply to regulated renters.
House Rules would apply to renters as well, otherwise, and as JG indicates, there would be discrimination against owners by allowing renters a free for all and expecting owners to abide by house rules. That certainly would not support a "community spirit".
There was a rule versus "precedent" (an accepted pattern). That rule has been changed, which your governing board is allowed to do.
Regulated renters are governed for some items and to protect you from such items as repairs, rent increases, safety, security, habitability etc. But they do not exempt you from house rules.
Original regulated/controlled tenants in a coop are NOT subject to coop house rules. They are only subject to what is in their lease. This is a fact Google it.
I agree with Ned. We also have storage lockers and give the resident owners on the waiting list first access when one becomes available.
In my coop, house rules apply to ALL residents. Renters are actually subletting from the coop sponsor. House rules should apply to the sponsor as well as anyone subletting from the sponsor. Otherwise, THAT would be discriminatory. You're saying that house rules including those regarding quiet enjoyment, odors, carpets, recycling, etc. do not apply to renters in your coop?
We have always treated all residents equally until now.
You cannot skip over minorities for non minorities so how is this a legit rule?
It creates two tiers of people.
FYI rentals (regulated and controlled) have their own lease. Coop rules so not apply . Google it.
In our Co-op Storage Lockers are for Unit Holders not sublets. Storage Lockers must be under the Unit Holders name. Sublets are not permanent residents. If the Unit Holder decides to have the sublet use his or hers locker that is the option of the Unit Holder. Just an opinion.
The locker waiting list should be comprised of shareholders only. The shareholders that have installed tenants in their units can then create a sublet agreement between themselves and their tenants for a locker when one becomes available. The management of the building should maintain a list of rented lockers and the lease end dates so that empty lockers can be offered to those on the waiting list as soon as possible.
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This seems to me like a reasonable process in order to manage insufficient lockers for all residents, giving priority to shareholders (owners of units) versus renters.
From a legal perspective, unless your rental agreement identifies that a locker is in included in your rent, then I don't believe there are any legal grounds for rent reduction nor do I think that it is a loss of service or discrimination. It is simply a refined process giving priority to an owner versus a renter.
If you are a renter, you could contact the shareholder who owns the unit that you rent and ask them to submit a request under their name.
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