Landlord Discontinued Security Guard Service Years Before Complaint

Rent-stabilized tenants complained of a reduction in building-wide services. They claimed that landlord had removed a uniformed security guard and access to the building's backyard. The DRA ruled against tenants, finding that termination of the two services in question was de minimis and didn't warrant a rent reduction.

Tenants appealed and lost. Tenants had complained that a uniformed security guard had been provided every day "around 18-19 years ago" but was no longer provided. They also complained that they previously were able to use the backyard but now were denied access. The DHCR ruled that denial of a rent reduction was appropriate. There had been no security guard service within the four-year period before tenants complained, and tenants failed to overcome the presumption that the discontinuation of this service was therefore minor. DHCR inspection showed that the safety of the building wasn't compromised. Tenants also failed to show that they'd had backyard access during the four years before they complained, again failing to rebut the presumption that discontinuation of the service was de minimis.

Various Tenants of 43-43 91st Place: DHCR Adm. Rev. Docket No. IR110002RT (3/19/21) [3-pg. doc.]