Names on Mailboxes Not a Required Service If Never Provided
LVT Number: #31367
Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents, based on conditions that included mailbox issues. Landlord later applied for rent restoration based on restoration of services. The DRA ruled against landlord, finding that services had been only partially restored.
Landlord appealed and won in part. The DHCR's inspector had found that the mailbox for one apartment locked but not securely and there was a 1/2 inch gap when the door was locked. In addition, three mailboxes had no names marked on them. Landlord argued that the USPS didn't require both apartment numbers and tenant names to be listed on mailboxes. The DHCR agreed. There was no proof that landlord previously put names on tenant mailboxes or was required to do so. The rent reduction order was modified to remove the note that three apartments were missing the names on the mailboxes. Landlord could reapply for rent restoration when other services were restored.
Marcy Avenue Associates LLC: DHCR Adm. Rev. Docket No. IT210005RO (3/19/21) [3-pg. doc.]