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NYS DHCR Advisory Opinion #87-2

Citation
NYS DHCR Advisory Opinion #87-2
Jurisdiction
New York (state)
Source verification
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Full Text

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Services required to be provided to a permanent tenant include building-wide services such as heat, hot
water, janitorial service, maintenance of locks and security devices, repairs and maintenance. Services may also
include elevators, air conditioning, doormen and other amenities. Ancillary services provided by the owner, such
as laundry room facilities or switchboard service, etc., provided at an additional charge separate and apart from
the rent if there is or was on the base date or at anytime subsequent thereto common ownership between the
operator of such service and the owner of the hotel, may also not be discontinued. Required services also include
services within the housing accommodation, such as maintenance and repair of appliances, and painting every 3
years. Where telephone switchboard service is not provided, an owner cannot deny a permanent tenant permission
to install a private telephone if such installation does not cause undue economic hardship to the owner. In addition,
an owner shall not cause a pay telephone to be removed from the premises.

The customary hotel services required to be provided include, but are not limited to, maid service, the
provision and laundering of linen, use and upkeep of furniture, as well as 24 hours per day, 7 days per week
staffed lobby coverage. Upon a finding by the DHCR on complaint of a permanent tenant that services are not
being maintained, a rent reduction may be imposed, and future rent increases may be barred until the rent is
restored pursuant to an order of the DHCR.