Can Landlord Remove Pay Phone?

July 31, 2003

LVT Number: 16763

Landlord asked the DHCR if a pay phone located in its building lobby was a required service. Landlord paid a monthly fee to Verizon for providing the pay phone. Tenants didn't pay landlord any fee to use the pay phone. In an opinion letter, the DHCR said that the pay phone may be an accommodation rather than a service. If so, it wasn't a required service. But the DHCR said there could be some question if landlord received credit, a refund, or payment from Verizon based on call volume or revenues generated.

Landlord asked the DHCR if a pay phone located in its building lobby was a required service. Landlord paid a monthly fee to Verizon for providing the pay phone. Tenants didn't pay landlord any fee to use the pay phone. In an opinion letter, the DHCR said that the pay phone may be an accommodation rather than a service. If so, it wasn't a required service. But the DHCR said there could be some question if landlord received credit, a refund, or payment from Verizon based on call volume or revenues generated. The circumstances surrounding the phone installation could also affect whether it was a required service. The DHCR suggested filing an application to modify services, rather than simply removing the pay phone.

DHCR Opin. Ltr. by Charles Goldstein (5/9/03) [3-pg. doc.]

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