Common Area Smoke Detectors Became Required Building Service

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that the elevator wasn't leveling,  there were no operating smoke detectors in public areas, and that the building was full of vermin. The DRA ruled for tenants and reduced their rents. Landlord appealed and won, in part. The DHCR's inspector confirmed that the elevator wasn't leveling properly between the cabin and hallway floors and that vermin control was needed. The inspector observed rat droppings in the basement. But a lack of smoke or carbon monoxide detectors in common areas was unrelated to dwelling units and wasn't considered a service that wasn't maintained. An exception existed where, as in this case, landlord had previously provided smoke detectors in the hallways. Because they were provided, they became a required ancillary service. If landlord wanted to discontinue the common area smoke detectors, it must file an application to modify services with the DHCR.

65 Hillside Realty LLC: DHCR Adm. Rev. Docket No. HQ410036RO (11/9/20) [4-pg. doc.]