Landlord Needn't Maintain Intercom System Once DHCR Approved Replacement

LVT Number: #30450

Landlord asked the DHCR for permission to modify building services by replacing the original intercom system with a telephone-based intercom system. The DRA ruled for landlord but required that the hard-wired system remain functional and be maintained for any tenants who wanted it. Landlord appealed and won. Landlord pointed out that it was the owner of unsold apartment shares in a co-op building and therefore didn't have the ability to prevent the co-op from upgrading the intercom system to a telephone-based system.

Landlord asked the DHCR for permission to modify building services by replacing the original intercom system with a telephone-based intercom system. The DRA ruled for landlord but required that the hard-wired system remain functional and be maintained for any tenants who wanted it. Landlord appealed and won. Landlord pointed out that it was the owner of unsold apartment shares in a co-op building and therefore didn't have the ability to prevent the co-op from upgrading the intercom system to a telephone-based system. Landlord also argued that there was no need to maintain the old system once replaced with the new system. The DHCR agreed that the requirement to keep the old hard-wired intercom system wasn't necessary when all apartments were required to have a permanent receiver (either landline or wireless fixed hardware) in each unit in order to maintain intercom service. 

ROC-Century Associates, LLC: DHCR Adm. Rev. Docket No. FT410012RO (9/20/10) [2-pg. doc.]

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