Landlord Upgraded Intercom Service without Obtaining Prior DHCR Approval

Rent-stabilized tenants in a building complex complained of a reduction in building-wide services.  They claimed that: (1) the door/gate was broken and not sturdy; (2) the intercom hadn't been working for over 10 years; (3) there were pest control problems; (4) security had been reduced; and (5) security cameras didn't work. The DRA ruled for tenants and reduced their rents because landlord had installed a new intercom system that connected to tenants' cell phones, without first obtaining DHCR approval for this service modification. Tenants and landlord both appealed and lost.

Landlord argued that the intercom system hadn't been upgraded. There were other buildings in the complex where intercom service had been upgraded but, in tenants' two buildings, standard, nonphone-based intercom service still existed. The DHCR reinspected and found that there was one intercom located outside the building's front gate and the other was in the vestibule. Both intercoms appeared to be the type that contacted cell phones. This system also wasn't working properly since it wasn't available to at least one apartment. And landlord hadn't filed an application to modify services. So the rent reduction order was proper.

Tenants argued that the main entrance gate remained defective because it was extremely loud when closed, and the gate didn't lock. But the DHCR's inspector found that there was no defect to the main entrance door/gate. The door/gate properly opened, closed, and locked. Security guards also were on duty and security cameras worked.

Gardner & Crumpler/Riverton Square LLC: DHCR Adm. Rev. Docket Nos. JV410013RT, JT410009RO (9/16/22)[4-pg. document]