No Service Reduction Found with Electric Door Key Access

Rent-stabilized tenants complained of a reduction in building-wide services based on problems with the building entrance doors. Tenants claimed that the right side entrance didn't have a fob key box, that the entrance doors to the building didn't work during power outages or intermittent power surges, that emergency services personnel couldn't gain access to the building without someone present to let them in, and that the keypad security codes weren't kept secure.

In answer, landlord claimed that there was a key fob box next to each building entry door, that all equipment was in good working order, and that an intercom system was installed at the main entrance as an added security feature after landlord's consultation with the tenant association. Landlord also claimed that there had been just one power outage during Hurricane Irene in 2011. Since then landlord had set up backup procedures with its five daytime staff members, resident porter, and overnight security guard to handle any problems with the entrance doors. The DRA ruled against tenants after they failed to reply to landlord's answer.

Tenants appealed and lost. Their attorney claimed that he never received notice of landlord's answer from the DRA. But the DHCR's records showed that a request for additional information had been mailed to tenants' attorney at his office address.

Polito: DHCR Adm. Rev. Docket No. AV330038RT (12/20/13) [3-pg. doc.]