Key Fob System Approved with No Rent Reduction

Landlord asked the DHCR for permission to modify building-wide services by replacing metal entrance door keys with electronic keycards/fobs to be used at five building entrances and the garage entrance. At the same time, landlord said it would enhance a newly installed CCTV security camera surveillance system consisting of eight cameras with 24/7 monitoring. The DRA ruled for landlord and approved the service modification without any rent reduction.

Two tenants appealed and lost. While tenants claimed that two apartments weren’t listed in landlord’s application, this didn’t matter since there was no room count question involved and tenants of those apartments hadn’t come forward to complain. If those units were rent stabilized, tenants would be affected by the service modification order as a matter of law. The DRA’s order also stated that the CCTV system wouldn’t be part of the key fob system. This language permitted landlord to file an MCI rent increase application for the CCTV costs. Tenants also objected to the DRA provision that each person receiving a key fob/keycard was required to sit for a photo to be electronically associated with the fob. But minors weren’t required to have photos taken and tenants’ names, addresses, and photos wouldn’t be listed on the keycard/fob. The information was for landlord’s security system database only. [Download PDF of decision here.]

Aulov/Mosheyev: DHCR Adm. Rev. Docket No. DX110002RT (12/21/16) [3-pg. doc.]