Lobby Attendant Service Was Reduced for Rent-Stabilized Tenant in Co-op Building

Rent-stabilized tenant in a co-op building complained of a reduction in building-wide services, claiming that landlord had eliminated lobby attendant service at the building's back entrance, had locked that door, and that an alarm went off if someone tried to exit the building through that door. The apartment owner didn't answer tenant's complaint. The DRA ruled for tenant and reduced his rent.

Landlord appealed and lost. Landlord argued that it had no control over building services because it wasn't the co-op corporation but merely an apartment shareholder tenant. Landlord also claimed that there was no proof that there had been a back entrance lobby attendant previously. The DHCR found no proof that there was no prior service. DHCR inspection showed that the back entrance was used only for construction workers and handicapped individuals. DHCR approval was required before removing the required service of a lobby attendant. And it didn't matter that landlord, a co-op shareholder tenant, had no exclusive control over building staff. Landlord was still responsible for the failure to provide required services to its rent-stabilized tenant. 

C72 LLC: DHCR Adm. Rev. Docket No. KM410014RO (9/9/22)[4-pg. document]