Landlord Replaced Intercom System Without DHCR Approval

Rent-stabilized tenant complained of a reduction in services, based on landlord's removal of the building's intercom system. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord argued that it had installed an auto dialer system that connected to tenant's telephone. This system acted in place of the intercom system and gave tenant access to the 24-hour doorman via a direct phoneline. The doorman announced visitors to tenant through the auto dialer system. DHCR inspection showed that the building concierge called tenant from the front desk through the audio dialer system. But there was no intercom system provided at the building, and the intercom phone on the wall in tenant's apartment had been disconnected. While the auto dialer system may be a valid modification to the prior intercom system, landlord didn't first apply to the DHCR to obtain permission to modify required services. So, the rent reduction remains in place until and unless landlord files an application to modify services and obtains the DHCR's approval.

CF E 86 LLC, SM E 86 LLC, LSG E 86 LLC, CSFM E 86 Manager LLC: DHCR Adm. Rev. Docket No. GP410011RO (2/14/19) [2-pg. doc.]