No Rent Reduction for Lack of Live-In Super

Tenants complained of a reduction in building-wide services, claiming insufficient janitorial services. The DRA ruled against tenants after inspection showed that janitorial services at the building were adequate. Tenants appealed and lost. They argued that landlord had fired the former resident super and didn't replace him with another live-in super. But there was no requirement under rent stabilization that the super live in the building. NYC Housing Maintenance Code Section 27-2054 requires buildings with nine or more apartments to have a super living in the building or within close proximity. But this rule is enforced by HPD, not the DHCR. In addition, Rent Stabilization Code Section 2523.4(e) lists a decrease in building staff and lack of on-site supers as de minimis, or minor, conditions not warranting a rent reduction if there is no decrease in janitorial services.

Douglass: DHCR Adm. Rev. Docket No. YC610006RT (8/25/10) [4-pg. doc.]