Tenant Claims Landlord Didn't Provide Backup Battery for Key Fob System

Landlord asked the DHCR for permission to modify required services at a rent-stabilized building by replacing the metal key system for the building's entry door with an electronic key fob system. The DRA granted landlord's application with a list of 13 conditions required by the DHCR in connection with the key fob system.

Tenant appealed and lost. One of the conditions listed in the DRA's order was that landlord maintain a backup battery or generator in case of a power outage or other power shutdown. Tenant claimed that there were two recent long blackouts, each lasting for over 24 hours, and that landlord failed to provide the required backup battery or generator during that time. As a result, the door had to be propped open. The DHCR noted that this wasn't a reason to revoke the DRA's approval of the substituted service.  Instead, it was grounds for a complaint to the DHCR based on a reduction in required services, which could result in a rent reduction and directive to restore services.

Tempey: DHCR Adm. Rev. Docket No. JX210003RT (7/29/22)[2-pg. document]