Landlord Discontinued Security Guard Service

Rent-stabilized tenants complained of a reduction in building-wide services, claiming that security guard service at the building had been reduced and later eliminated. The building was an 81-unit senior citizen housing facility. Tenants said that, between 2003 and 2009, landlord provided security guards at the front vestibule on a 24-hour/seven-day per week basis. They claimed the guards also responded to emergencies signaled electronically to the front desk via pull cords in tenants' apartments. It now took longer for personnel from another building several blocks away to respond to emergencies. Landlord claimed the service wasn't provided on the base date and wasn't registered with the DHCR. Landlord also argued that security guard service wasn't covered in its regulatory agreement with the Housing Trust Fund Corporation. Landlord also claimed that security was increased by a set of surveillance cameras installed in the building. The DRA ruled for tenants.

Landlord appealed and lost. The fact that a disputed service wasn't listed in the initial DHCR building registration didn't determine whether a building service was required. It also didn't matter whether the service was provided on the rent stabilization base date. Landlord admitted providing the service for six years, and was required to continue doing so. And, contrary to landlord's claim, the fact that tenants' regulated rents were initially set under the Private Housing Finance Law didn't require a different standard than that required under the Rent Stabilization Code. Landlord also had not sought approval from the DHCR to modify the security guard service by the surveillance camera installations, although it could still do so.

1275 Nelson Avenue: DHCR Adm. Rev. Docket No. AT610037RO (9/13/13) [6-pg. doc.]