Landlord Must Give Tenant Extra Key Card for Child Care Provider

LVT Number: #25505

Rent-stabilized tenant complained of a reduction in services because landlord wouldn't give her an extra key card for her child care provider. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that the condition was de minimis, or minor, and that, in any event, landlord and tenant had resolved the issue by written agreement before the DRA issued its order. The DHCR noted that this wasn't a minor condition and that long-standing DHCR policy upheld the right of a caregiver to receive keys.

Rent-stabilized tenant complained of a reduction in services because landlord wouldn't give her an extra key card for her child care provider. The DRA ruled for tenant and reduced her rent. Landlord appealed and lost. Landlord claimed that the condition was de minimis, or minor, and that, in any event, landlord and tenant had resolved the issue by written agreement before the DRA issued its order. The DHCR noted that this wasn't a minor condition and that long-standing DHCR policy upheld the right of a caregiver to receive keys. Also, landlord didn't submit a copy of any agreement with tenant to the DRA, and the agreement in question was dated after the date of the DRA's order.

 

50-58 East 3rd Street, LLC: DHCR Adm. Rev. Docket No. BO410018RO (1/17/14) [2-pg. doc.]

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