Landlord Can Replace Metal Keys with Electronic Key Fobs

Landlord asked the DHCR for permission to modify building services by replacing a building's metal key entry system with an electronic key fob system. The DRA ruled for landlord, as long as landlord complied with 13 conditions applied to the entry system replacement.

Tenants appealed and lost. Rent Stabilization Code (RSC) Section 2522.4(e) permits modification or substitution of services at no change in the legal regulated rent when such changes are not inconsistent with the Rent Stabilization Law or RSC. It's the DHCR's established position that replacing a traditional key-lock system with an electronic keycard/key fob entry system, with certain conditions provided for, constitutes an adequate substitution of services.

Tenants questioned the number of key fobs to be made available per apartment under the DRA order. But the DRA's condition ensured that every tenant and lawful occupant was entitled to a key fob and, as such, there was no limit on the number of key fobs that may be issued for an apartment. The DRA order also provided for additional key fobs/key cards to be issued to employees, guests, caregivers, and visitors. The DRA's conditions for approval also addressed tenants' security and privacy concerns. 

Various Tenants of 690 Riverside Drive: DHCR Adm. Rev. Docket No. HT430005RT (8/27/20) [3-pg. doc.]