Nonworking Security Cameras Weren't a Minor Condition

Tenants complained to the DHCR of a reduction in building-wide services based on nonworking security cameras in public areas of the building. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that there were only a few nonworking security cameras, that they hadn't worked for at least eight years, and that they duplicated other working cameras in the building. For those reasons, landlord argued that the nonworking cameras were a de minimis--that is, minor--condition. Landlord pointed out that the eight-year period that these cameras didn't work was longer than the four-year period specified in Rent Stabilization Code Section 2523.4 for applying the de minimis rule.

The DHCR found that the DRA properly reduced tenants' rents. DHCR inspection found that only 11 security cameras worked in the multi-building complex and that there were many inoperable cameras. And the video feed from the working cameras was unclear in the monitoring area. Security service is a required service and not a de minimis condition. 

Dunbar Owner LLC: DHCR Adm. Rev. Docket No. GW420019RO (11/22/19) [2-pg. doc.]