Landlord Can Add Key Fob System and Restrict Service Entrance Door Access

Landlord asked the DHCR in 2022 for permission to modify the building's entry system by adding an electronic key fob system to supplement rather than replace metal key access, and by partially closing the use of the back service entrance doors except for deliveries. The DRA ruled for landlord although the permission was made subject to 13 conditions listed in its order.

Tenant appealed and lost. The DHCR found that the DRA properly granted landlord's application since the service modifications were an adequate substitution and provided tenants with an additional measure of building security. Tenant claimed that landlord couldn't comply with the conditions listed in the DRA's order because its staff was "inept." The DHCR found this claim to have no merit. Tenant also claimed that only market-rate tenants had key fob access to the back service entrance doors, but landlord specifically sought restriction to the back service entrance applicable to all tenants. Tenant also claimed there were fences behind the building that now had locked gates and that side doors were now locked. These items were not part of the service modification application. If there was a reduction in other building services, tenant could file a separate complaint based on reduction in services.

Bolshakov: DHCR Adm. Rev. Docket No. KV410039RT (7/28/23)[4-pg. document]