Tenant Not Entitled to Front-Door Key

Tenant complained of a reduction in services because landlord didn't provide a front-door entrance key. Landlord had demolished tenant's building to construct a new building that tenant moved into in 2001. Tenant claimed that he had a front-door key to the old building. Landlord argued that the entry system for the new building had an automatic door. The DHCR ruled for tenant. Landlord filed an Article 78 petition, claiming that the DHCR's decision was arbitrary and unreasonable. The court sent the case back for reconsideration, and the DHCR now ruled for landlord. Tenant's rent in the new building was set by agreement with HPD under the Private Housing Finance Law. Under Rent Stabilization Code Section 2520.6(r)(4)(vi), required services for such apartments are those provided on the effective date of the initial rents. So a front-door key, previously provided to tenant in the old building, was no longer a required service. The automatic door system was in place in the new building in 2001 when tenant moved in.

Clinton Housing West 46 Partners LP: DHCR Adm. Rev. Docket No. XB410013RP (6/19/09) [3-pg. doc.]