DHCR Approves Replacement of Bell/Buzzer Intercom with Modern System

LVT Number: #30165

Landlord asked the DHCR for permission to modify building services by changing a regular bell/buzzer intercom system to a modernized telephone intercom system. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the new system wasn't an adequate substitute for the old system, that the new system failed to function when overloaded or when there was a power outage, that the $15 monthly rent reduction granted for the new telephone-based system was insufficent, and that landlord changed the system before obtaining DHCR approval.

Landlord asked the DHCR for permission to modify building services by changing a regular bell/buzzer intercom system to a modernized telephone intercom system. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the new system wasn't an adequate substitute for the old system, that the new system failed to function when overloaded or when there was a power outage, that the $15 monthly rent reduction granted for the new telephone-based system was insufficent, and that landlord changed the system before obtaining DHCR approval. But it was the DHCR's established position that the modification of a bell/buzzer telephone system to a modernized telephone intercom system with certain conditions was an adequate substitution of service consistent with the Rent Stabilization Code. Tenants also had received a rent reduction for the unauthorized change in building-wide services, but the rent was now properly restored since the service modification was approved. Tenant presented no proof that the $15 rent reduction was insufficient, and this was the standard rent offset granted by the DHCR to cover tenants' phone service expenses for the telephone-based intercom system. 

Schwartz: DHCR Adm. Rev. Docket No. FT410021RT (4/11/19) [2-pg. doc.]

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