Can Landlord Discontinue Service Due to Tenant's Abusive Conduct?

LVT Number: #20200

Landlord asked the DHCR for permission to modify or decrease a required service to hotel-stabilized tenant. Landlord claimed that tenant was abusive to maid staff and that tenant's conduct warranted discontinuation of maid service to his apartment. The DRA ruled against landlord. Landlord appealed and lost. The DHCR found that landlord should seek relief through a court proceeding.

Landlord asked the DHCR for permission to modify or decrease a required service to hotel-stabilized tenant. Landlord claimed that tenant was abusive to maid staff and that tenant's conduct warranted discontinuation of maid service to his apartment. The DRA ruled against landlord. Landlord appealed and lost. The DHCR found that landlord should seek relief through a court proceeding. The DHCR could rule on a request to modify or eliminate a required service only if landlord and tenant agreed to the change, or if it was required for the operation of the building in accordance with the specific requirements of law, or if it wasn't inconsistent with the Rent Stabilization Law and Code.

240 W. 73rd Street: DHCR Adm. Rev. Docket No. UJ410064RO (11/14/07) [2-pg. doc.]

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