Landlord Can't Remove Building Services Until DHCR Approval Is Obtained

Twenty-four tenants, who were either rent controlled or rent stabilized, sued landlord and asked the court to issue an order restraining landlord from making certain building improvements until either their lawsuit was decided or landlord got authorization from the DHCR to modify building services. Tenants claimed that the work in question constituted a modification or reduction in required services that landlord couldn't remove or alter without DHCR approval.

The court ruled for tenants since they showed a likelihood of success on the merits, irreparable harm if landlords weren't stopped from proceeding with the work in question, and a balancing of the equities. Landlords hadn't yet filed a DHCR application for approval of service modifications, and modification of required services was unlawful under RSC and RC Regulation Section 2202.16 and RSC Section 2523.4(a)(1). Unauthorized alterations presumptively harm tenants in ways not compensable by money damages. And landlord's claimed hardship was self-imposed since it stemmed from its failure to obtain DHCR approval before starting construction and planning service modifications. Until a subsequent court order or DHCR order authorized landlord to do so, the court barred landlord from: (a) removing the doorbell to the inner lobby door; (b) installing an intercom system; (c) eliminating the manually operated elevator; (d) installing automatically operated elevators; (e) reducing building staff; and (f) eliminating mail and package receipt by building staff and door-to-door delivery of mail.

Burre v. Kipling Arms, LLC: Index No. 153044/2025, 2025 NY Slip Op 31232(U)(Sup. Ct. NY; 4/10/25; Perry-Bond, J)