Rent-Stabilized Tenants Entitled to Certain Number of Non-Duplicable Keys at No Charge

Rent-stabilized tenants complained of a building-wide service reduction based on landlord's modification of the lock system for the main building entrance before early 2021 without obtaining prior DHCR approval to change the system that used duplicable keys to a system that now used non-duplicable keys. They also claimed that landlord didn't give tenants a sufficient number of keys for each apartment. The DRA denied tenants' application for rent reductions.

Tenants appealed and won in part. Although landlord now had filed a pending service modification application with the DHCR, no service substitution had been approved to date. Landlord's modification of the lock system constituted a reduction in required services and tenants' rents were reduced. The DHCR also advised tenants to file rent overcharge complaints if they had been charged improper fees for new keys. The DHCR noted that it was the agency's longstanding policy that tenants and lawful occupants must receive free non-duplicable keys/electronic key fobs/keycards. Occupants of the apartment entitled to free keys included tenants' children if tenants request it. Tenants also may receive up to four additional non-duplicable keys, key fobs, or key cards at no additional charge for employees, who may be contractors, professional caregivers, and/or for guests, including family members and friends who are expected to visit on a regular basis or visit as needed to care for a tenant or the apartment if tenant is away. Such individuals must provide appropriate proof of identity, but landlord may not record any data such as a driver's license number.

Various Tenants of 140-50 Ash Ave.: DHCR Adm. Rev. Docket No. MN110005RT (8/9/24)[5-pg. document]