Security Guard Services Not Properly Restored

LVT Number: #20321

Tenants complained of a reduction in building-wide services. They said that landlord had reduced security guard services. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on a restoration of services. The DRA ruled against landlord, finding that services hadn't been restored. Landlord appealed, and asked the DHCR to reconsider the facts. The DHCR did so, and again ruled against landlord.

Tenants complained of a reduction in building-wide services. They said that landlord had reduced security guard services. The DRA ruled for tenants and reduced their rents. Landlord later applied for rent restoration based on a restoration of services. The DRA ruled against landlord, finding that services hadn't been restored. Landlord appealed, and asked the DHCR to reconsider the facts. The DHCR did so, and again ruled against landlord. Landlord and tenants had signed a settlement agreement by which landlord agreed that the security guard must be positioned so that he could see and be seen from the front gate before the building. The DHCR held two inspections. On both occasions, the inspector found that the guard wasn't able to see the front gate or visitors from the guard station, and that visitors were unable to see the guard from the gate entrance. Landlord clearly hadn't complied with the requirement of the settlement agreement.

Residential Management, Inc.: DHCR Adm. Rev. Docket No. VI430059RO (2/15/08) [2-pg. doc.]

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