Removal of Window Security Gates Was a Reduction in Services

Rent-stabilized tenant complained of a reduction in services. The DRA ruled for tenant and reduced his rent after finding that landlord had removed security gates from the apartment's front windows. Landlord appealed and lost. Landlord had removed the security gates during a building-wide window replacement project. Landlord claimed that tenant's lease stated that landlord wasn't required to provide security bars. But Rent Stabilization Code Section 2520.6(r)(1) requires landlords to provide that space and those services landlord was maintaining on the apartment's base date or thereafter. This includes the provision of security. The lease language referred to by landlord made no specific statement about security gates but was a blanket authorization for landlord's unilateral removal of existing equipment or services. This was clearly a violation of RSC Section 2520.12, as a tenant can't agree to waive rights afforded under the rent laws absent prior approval by the DHCR or the courts.

277 West 10th Owner, LP: DHCR Adm. Rev. Docket No. FM410035RO (10/25/17) [3-pg. doc.]