DHCR to Decide Lobby Attendant Issue

Facts: Landlord converted building's manual elevator service to automatic service. Rent-controlled and rent-stabilized tenants complained and asked the court to order a return to manual service. The court ruled for tenants, ordering landlord to restore manual elevator service at least temporarily while the DHCR decided if it was a required service. In the meantime, landlord removed the building's lobby attendant between the hours of 12:30 a.m. and 9:00 a.m. Since the intercom was located inside the locked vestibule doors, this left tenants in a situation where only persons with keys could gain access to the building during these hours. Tenants then sued landlord and asked the court to order restoration of 24-hour lobby attendant service. Court: Tenants win, at least temporarily. The court ruled that the DHCR should rule on the issue of whether a full-time lobby attendant was a required service. In the meantime, landlord must provide the service. The lack of access to the intercom system during the late night and early morning hours was potentially dangerous, since, for example, emergency medical workers couldn't enter the building without breaking in.

Principe v. Jemrock Realty Co.: NYLJ, p. 29, col. 6 (5/8/96) (Civ. Ct. NY; Wendt, J)