Approval of Intercom Modification Subject to One-Year Trial Period

Landlord asked the DHCR for permission to modify required services at its building by replacing an existing copper wire intercom system with a telephone-based intercom system. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that landlord didn't meet one of the conditions for granting the application because 75 percent of the building's tenants didn't sign a Service Modification Agreement (SMA) on or before Aug. 12, 2016. But the deadline was actually Aug. 12, 2017, and "2016" was a typographical error. There were no irregularities in the SMA signatures. And landlord's application was granted on a trial basis for one year in accordance with the terms of the SMA. Tenants, landlord, and the DHCR could evaluate the new system and at the end of the year, and the DHCR would reconsider if a sufficient number of tenants objected to the new system.

Grassi: DHCR Adm. Rev. Docket No. GP110017RT (4/8/21) [2-pg. doc.]