Tenant Claims Building Security Reduced After Elevator Change

Landlord asked the DHCR for permission to modify building-wide services. Landlord sought to convert two manually operated elevators to automatically operated elevators and to replace the front door traditional key entry system with a keyless entry system with installation of security cameras. Landlord installed an RFID electromagnetic lock on the front door of the building and kept one of the former elevator operators to work from 11 a.m. to 7 p.m. on weekdays, and from 9 a.m. to 5 p.m. on Saturdays, to facilitate mail and deliveries. The DRA ruled for landlord.

Tenant appealed, and the DHCR reopened the case. Tenant claimed that the modification of services had decreased the level of building-wide security. Prior to the elevator conversion, landlord kept at least one elevator operator on duty for 24 hours a day, seven days a week. Tenant pointed out that the elevator operator had maintained building security. Tenant also claimed that, most of the time, no building employee monitored the elevator, lobby, entrance door, or closed circuit TV security system. The DRA’s order approving service modification didn’t determine whether there was a reduction in building security. The case was sent back to the DRA to rule on whether building security had been adequately substituted with the elevator conversion and key changes.

Lehr: DHCR Adm. Rev. Docket No. BT430066RT (4/15/16) [3-pg. doc.]