Landlord Reduced Service Entrance Staff Hours

LVT Number: #23398

Tenant complained of a reduction in building-wide services based on the reduction of service entrance staff hours. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that any reduction in service entrance staff hours was a de minimis--or minor--condition. It cut staff hours at the service entrance from 1 a.m. to 7 a.m. for economic reasons and because there was no activity at the service entrance at that time. During those hours no deliveries, move-ins, or move-outs were permitted, and tenants had key fobs so that they could go in and out.

Tenant complained of a reduction in building-wide services based on the reduction of service entrance staff hours. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that any reduction in service entrance staff hours was a de minimis--or minor--condition. It cut staff hours at the service entrance from 1 a.m. to 7 a.m. for economic reasons and because there was no activity at the service entrance at that time. During those hours no deliveries, move-ins, or move-outs were permitted, and tenants had key fobs so that they could go in and out. Landlord argued that the service entrance staff didn't perform security functions such as patrolling the building or monitoring the main building entrance. But the DHCR found that the service entrance staff do perform a security function and the reduction in their hours was a reduction in required services.

180 Riverside Blvd: DHCR Adm. Rev. Docket No. YJ410054RO (4/15/11) [4-pg. doc.]

Downloads

YJ410054RO.pdf121.07 KB