Landlord Removed Intercom System Without DHCR Approval

May 11, 2012

LVT Number: #24074

Tenants complained of a reduction in building-wide services after landlord failed to maintain the intercom system. Landlord claimed that the doorman was able to communicate with tenants by telephone, so there was no reduction in services. The DRA ruled against tenants, but the DHCR then granted their PAR. Landlord then appealed, claiming that the DHCR's decision was unreasonable. The court ruled against landlord. Landlord was required to seek permission from the DHCR to eliminate or modify required services before changing the intercom service.

Tenants complained of a reduction in building-wide services after landlord failed to maintain the intercom system. Landlord claimed that the doorman was able to communicate with tenants by telephone, so there was no reduction in services. The DRA ruled against tenants, but the DHCR then granted their PAR. Landlord then appealed, claiming that the DHCR's decision was unreasonable. The court ruled against landlord. Landlord was required to seek permission from the DHCR to eliminate or modify required services before changing the intercom service. The DHCR's decision therefore was reasonable.

254 PAS Property v. DHCR: Index No. 113797/2011, NYLJ No. 1202548405662 (Sup. Ct. NY; 3/28/12; Kern, J)

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