Security Guard Service Was Restored

Tenants complained of a reduction in building-wide services based on a reduction in security guard services at the building. The DRA ruled for tenants and reduced their rents. The DRA later granted landlord’s application to restore rents based on the restoration of services. Tenants appealed and lost. Tenants and landlord had signed a settlement agreement that stated that guards were expected to position themselves in two locations where they could “see and be seen” from the front gate. Tenants claimed noncompliance with the agreement. But the DHCR’s inspector verified that a guard was seated at one of the two locations specified on a diagram attached to the agreement. Even though the inspector didn’t see the guard from the front gate, landlord had complied with the “see and be seen” requirement by posting the guard at the agreed-upon location.

Graham Court Tenants’ Association: DHCR Adm. Rev. Docket Nos. XB430036RT, XB430043RT (7/10/09) [3-pg. doc.]