Landlord Can't Replace Third Gateman with Intercom

LVT Number: #24586

Landlord asked the DHCR for permission to reduce three gateman shifts to two shifts after it installed a new intercom system at the building. The DRA ruled against landlord, finding no compelling reason for the service substitution. Landlord appealed and lost. Landlord claimed that the new intercom system gave tenants much greater security and control because it allowed tenants to communicate directly with visitors and to allow or deny access 24/7. The old intercom system could be used only by the doormen when they were at the gate, which wasn't often.

Landlord asked the DHCR for permission to reduce three gateman shifts to two shifts after it installed a new intercom system at the building. The DRA ruled against landlord, finding no compelling reason for the service substitution. Landlord appealed and lost. Landlord claimed that the new intercom system gave tenants much greater security and control because it allowed tenants to communicate directly with visitors and to allow or deny access 24/7. The old intercom system could be used only by the doormen when they were at the gate, which wasn't often. Tenants argued that they were paying an MCI rent increase for the new intercom system and that the loss of one of the gatemen would be a reduction in services. The gatemen performed security functions, such as stopping solicitors and calling police in case of trespass or other crimes. These security functions went beyond vetting visitors, which is the only security function performed by the intercom system.

7420 Ridge Boulevard: DHCR Adm. Rev. Docket No. XJ230041RO (12/5/12) [4-pg. doc.]

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