Not Required Security Gate Not Essential Service Under Rent Control

Rent-controlled tenant complained of a rent overcharge. The DRA ruled against tenant after reviewing the history of MBR rent increases and rent reduction orders for the apartment and building. Tenant appealed and lost. Tenant claimed that his rent should have been frozen as a result of a building-wide services order in which the DRA directed landlord to restore a second-floor stairway security gate. The DHCR ruled that rent-control regulations define ``essential services'' to include building entrance door security, and also cover services that are essential to tenants' life, health, and safety. The DHCR had previously determined that the defective stairway gate didn't rise to the level of a health or safety concern and that no rent freeze resulted from this item.

Schaefer: DHCR Adm. Rev. Docket No. TL420027RT (11/10/06) [21-pg. doc.]