Landlord Must Restore Master TV Antenna
LVT Number: #22637
Tenant complained of a reduction in services due to poor or no television reception. Tenant claimed that landlord failed to maintain the master TV antenna for the building. The DRA ruled for tenant and reduced his rent. Landlord appealed. Landlord claimed that a master TV antenna was never a registered required service for the building. Landlord said that the building had been wired for cable TV service since the early 1990s and no one else had ever complained.
The DHCR ruled against landlord. A master TV antenna was supplied when tenant moved into the apartment in 1987, and according to tenant, the wire connection for it was built into the apartment wall before cable TV existed. The DHCR inspection verified this. Even if the building was rewired for cable, landlord must still provide the master antenna since tenant chose not to subscribe to cable TV service. The fact that landlord never registered the service with the DHCR didn’t bar its responsibility for maintaining the service.
Harton Associates: DHCR Adm. Rev. Docket No. XG910054RO (2/12/10) [3-pg. doc.]
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