Landlord Can't Discontinue Concierge Service

Landlord asked the DHCR for permission to eliminate 24/7 concierge service at its building and replace the service between the hours of midnight and 4 p.m. Monday-Friday, as well as all day on weekends, with a virtual security system. Landlord also sought elimination of weekend porter service, package receipt by the concierge during off hours, and floor-by-floor garbage pickup by building staff. The DRA initially ruled for landlord but later revoked the decision and ruled against landlord.

Landlord appealed and won, in part. Landlord didn't offer an adequate substitute for the concierge service. The "virtual security" system proposed would be monitored only remotely, and the service agreement with American Security Systems didn't indicate that this monitoring would be continuous. If, for example, an intruder attempted to gain access, tenants would be able to communicate only via a panic button on their keyfobs, with someone in a remote location who would be unable to offer immediate assistance. In addition, elimination of floor-by-floor garbage pickup would be a decrease in required building services, and landlord offered no substitute service. The current practice of allowing tenants to leave garbage in stairwells presents a health and safety issue. However, the DHCR ruled that landlord could eliminate floor-by-floor garbage pickup by building staff if tenants' rents were permanently reduced by $5 per month.

134 West 58th Street: DHCR Adm. Rev. Docket No. BS410005RO (9/25/14) [3-pg. doc.]