Landlord Can Replace Master Antenna with Basic Cable TV Service

Landlord asked the DHCR for permission to replace a building's master antenna service with basic cable television service. The DRA ruled for landlord, provided that landlord pay for tenant's cable service. Tenant appealed and lost. Tenant pointed out that landlord removed the master antenna in 1992. Tenant filed a service reduction complaint at that time and obtained a rent reduction order. Tenant's rent remained frozen since then even though landlord had provided cable TV service to tenant since 1994. Landlord's 1995 application to restore rent was denied by the DHCR. The DHCR ruled that none of this mattered. The TeetDHCR had changed its policy regarding maintenance of master antennas in light of the 2009 switch from analog to digital broadcasting mandated by federal law. Under the DHCR's current policy, landlord must find a technological upgrade that will permit affected tenants to continue to have television service. Since the DHCR inspection showed that tenant was receiving cable TV service from landlord, at no cost, the required service was properly modified.  

250 East 73rd Street: DHCR Adm. Rev. Docket No. YH410060RT (10/25/11) [3-pg. doc.]