Landlord Can't Limit Access to Basement

LVT Number: 15190

Landlord asked the DHCR for permission to block tenant access to the basement between 11:00 p.m. and 7:00 a.m. The DRA ruled against landlord because there was a fire door in the basement and blocking access would be a fire hazard. Landlord appealed, claiming that the fire door would remain open and that tenants had two other fire exits. The DHCR ruled against landlord. Landlord didn't explain how tenants would still have access to the basement fire door if the basement door was locked. The change in required services would create a fire hazard.

Landlord asked the DHCR for permission to block tenant access to the basement between 11:00 p.m. and 7:00 a.m. The DRA ruled against landlord because there was a fire door in the basement and blocking access would be a fire hazard. Landlord appealed, claiming that the fire door would remain open and that tenants had two other fire exits. The DHCR ruled against landlord. Landlord didn't explain how tenants would still have access to the basement fire door if the basement door was locked. The change in required services would create a fire hazard.

W. 83rd St. Assocs.: DHCR Adm. Rev. Dckt. No. LC410120RO (6/14/01) [3-pg. doc.]

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