Landlord Changed Intercom System Without DHCR Approval

Tenants complained of a reduction in building-wide services. They claimed that landlord changed the intercom system from an audio-based system to a telephone-based system that required tenants to have and disclose personal telephone numbers in order to allow access to visitors. Landlord claimed that it had to change the intercom system due to failure of intercom riser cables. Replacing them would require structural damage to the building. The DRA ruled for tenants and reduced their rents. Replacement of the intercom system with new technology requiring tenants to have either a landline or mobile phone without prior DHCR approval warranted a rent reduction. Landlord appealed and lost. It was the DHCR’s long-standing policy that unilateral modification of a required service without DHCR approval constituted a reduction in services. This policy has been upheld by the courts. 

GEM Management Partners LLC: DHCR Adm. Rev. Docket No. CU930005RO (5/8/15) [5-pg. doc.]