Landlord Must Give Tenant Front Door Key

Tenant complained of a reduction in services because landlord wouldn't give him a key to the building's front entrance door. The DRA ruled for tenant and reduced his rent. Landlord appealed, claiming that the key wasn't a required service for tenant. Tenant previously lived in one of five buildings demolished before landlord built the new building that tenant now lived in. The base date for tenant's new tenancy was set by HPD in 2001. So it didn't matter if tenant had a front door key at one of the old buildings in 1983. The DHCR ruled against landlord. Although tenant moved into the new building in 2001, he had a reasonable expectation of receiving the services he received when he moved into landlord's former building. Landlord didn't submit any new lease entered into with tenant in 2001 that showed a variation from tenant's original lease, or any documents proving the 2001 base date set by HPD. The DRA properly reduced tenant's rent because landlord discontinued tenant's front door key service.

Clinton Housing West 46 Partners LP: DHCR Adm. Rev. Docket No. WG410071RO (10/24/08) [2-pg. doc.]