Landlord Removed Intercom Connection to Concierge Desk

LVT Number: #27863

Rent-stabilized tenant complained of a reduction in services based on decreased intercom service. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. While tenant's complaint concerned decreased intercom service and landlord's answer was that landlord only sought to change the method of delivering concierge service to tenant, the issue was whether a decrease in concierge service to the apartment by removal of the previous manner of delivery--owner-provided intercom, to be substituted with tenant's personal phone--was a reduction in services.

Rent-stabilized tenant complained of a reduction in services based on decreased intercom service. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. While tenant's complaint concerned decreased intercom service and landlord's answer was that landlord only sought to change the method of delivering concierge service to tenant, the issue was whether a decrease in concierge service to the apartment by removal of the previous manner of delivery--owner-provided intercom, to be substituted with tenant's personal phone--was a reduction in services. A change or modification in the manner or method of delivery of services requires filing with the DHCR for permission to do so, and landlord didn't seek such permission. And the building's cooperative offering plan specified that apartments would be equipped with an intercom system to communicate with the concierge. 

175 West 95th Owner, LLC: DHCR Adm. Rev. Docket No. EV410008RO (6/28/17) [5-pg. doc.]

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