Landlord Can Modify Building Security System Without Rent Reduction

Landlord asked the DHCR for permission to modify building services for rent-regulated tenants by replacing a 24/7 lobby attendant with a 24/7 remotely monitored security system. The DRA ruled for landlord. The modification included the installation of additional security cameras to monitor areas in and around the premises not previously monitored; a new front entry video-audio interface allowing tenants to observe and admit guests by using either a smartphone or, if preferred, the audio-only intercom previously in use; and the replacement of metal key entry locks with an electronic key fob system. No rent reduction was ordered in connection with the service substitution.

Tenants appealed and lost. They claimed that their rents should be reduced because the service modification wasn't an adequate substitute service. The DHCR disagreed, finding that the new security system was in some ways more extensive than the prior system that offered a single, stationery lobby attendant. Tenants argued that the lobby attendant also performed other services, including receiving packages and assisting tenants in opening the entry door, announcing visitors, and alerting emergency services if needed. But the new security system allowed packages to be delivered into a secure storage area, enabled the entry door to open automatically if needed, enabled tenants to observe and admit visitors, and enabled security agents monitoring the system to immediately call for emergency services when needed. 

Various Tenants of 166-05 Highland Avenue: DHCR Adm. Rev. Docket No. KU110028RT (4/30/24)[3-pg. document]