Timed Lighting with Pull Switch Is Reduced Service

LVT Number: 19235

Tenant complained of a reduction in building-wide services due to inadequate lobby lighting. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that lighting from the lobby windows was adequate during the day and that some of the public area lighting were on timers from 4 p.m. to 8 a.m. The DHCR said public area lighting controlled by a pull-switch that can be turned on and off by anyone at any time is a de facto reduction in services.

Tenant complained of a reduction in building-wide services due to inadequate lobby lighting. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that lighting from the lobby windows was adequate during the day and that some of the public area lighting were on timers from 4 p.m. to 8 a.m. The DHCR said public area lighting controlled by a pull-switch that can be turned on and off by anyone at any time is a de facto reduction in services.

Doyle/Jacobsen: DHCR Adm. Rev. Docket Nos. UD210005RO & UD210008RT 7/14/06 [3-pg. doc.]

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