Open Back Door to Restaurant Reduces Building Security

Tenants complained of a reduction in building-wide services. They complained that the restaurant on the ground floor of the building left its back door open. This permitted access from the restaurant into the building's hallway, breaching security. The DRA ruled for the 50 tenants and reduced their rents. Landlord appealed, arguing that the lock for the door permitting access from the restaurant into the hallway was inside the restaurant, that landlord had no control over the restaurant employees, that no intruder could gain access to the basement without passing through the busy restaurant kitchen, and that the back door was likely a fire door that couldn't be locked legally.
The DHCR ruled against landlord. Two DHCR inspections showed that the restaurant in the building basement had its back door propped open. This allowed access into the residential area of the building and reduced building security. Since landlord owns the building, it can control its restaurant tenant and can require the restaurant to keep the back door secured. Or landlord can station an employee outside this door in the basement to ensure that no unauthorized persons enter the building. Landlord also submitted no proof that the back door to the restaurant was a fire exit door that couldn't be locked.

RP Stellar Embassy House LLC: DHCR Adm. Rev. Docket No. WC430033RO (6/12/08) [3-pg. doc.]