Change to Key System with Charges for Additional Keys Was Reduction in Services
LVT Number: #33379
In 2018, various tenants complained to the DHCR of a reduction in building-wide services. They claimed that landlord changed the front entrance door lock from one using traditional keys to one with non-duplicable keys to the building entrance door and mailbox room, while charging tenants $50 to $250 for additional keys. The DRA ruled for tenants, finding a reduction in services and directing rent reductions.
Landlord appealed and lost when the DHCR denied its PAR. Landlord then filed an Article 78 court petition, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord, which then appealed and lost. The appeals court found that the DHCR's ruling had a rational basis in the administrative record, and wasn't arbitrary or capricious.
88-05 171, LLC v. DHCR: Index No. 713784/21, App. No. 2022-06804, 2024 NY Slip Op 04262 (App. Div. 2 Dept.; 8/21/24; Nelson, JP, Maltese, Wan, Love, JJ)