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Landlord Must Provide Duplicate Keys to occupants over 10

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Landlord Must Provide Duplicate Keys to occupants over 10

Postby TenantNet » Thu Sep 21, 2017 1:03 pm

Diaz v. 164-03 LLC, 06150/2017

September 21, 2017
· Civil Court, Queens County, Housing Part C
· 06150/2017
· Judge Lydia Lai

Cite as: Diaz v. 164-03 LLC, 06150/2017, NYLJ 1202798407505, at (Civ., QU, Decided September 6, 2017)

CASENAME

Nury Diaz, George Poblete, Jr., Ezequiel Hernandez, Irma Salinas, and Oscar Ramirez, Petitioners v. 164-03 LLC, Belair Park 5 LLC, Rajesh Subraj, and Kenneth Subrah, Respondents, and New York City Department of Housing Preservation and Development (HPD)

06150/2017
Judge Lydia Lai
Decided: September 6, 2017

RECITATION, PURSUANT TO CPLR §2219(a), OF THE PAPERS CONSIDERED IN REVIEW OF THIS ORDER TO SHOW CAUSE BY PETITIONERS SEEKING AN ORDER DIRECTING RESPONDENTS TO PROVIDE ADDITIONAL ENTRANCE DOOR KEYS.

PAPERS NUMBERED
NOTICE OF MOTION & AFFIDAVITS ANNEXED
ORDER TO SHOW CAUSE & AFFIDS. ANNEXED 1
ANSWERING AFFIDAVITS TO MOT.
REPLYING AFFIDAVITS
EXHIBITS
STIPULATIONS
DECISION/ORDER

Petitioners commenced this HP Action for various apartments located at 164-03 89th Avenue, Jamaica, New York ("subject building") seeking, inter alia, an order directing respondents to provide petitioners with additional entrance door keys. Both parties are represented by counsel. This matter was adjourned for respondents to submit written opposition and none has been submitted.

Petitioners allege that after respondents purchased the subject building in or around March, 2016, respondents changed the locks of the building's entrance door. The keys supplied to the tenants of the building can only be duplicated by respondents. Petitioners maintain that respondents are refusing to provide them with additional keys for each of their occupants over the age of ten or are refusing to provide an additional key unless petitioners pay $200.00 for a background check or pay $50.00 for one additional key only.

Decisions and orders issued by the New York State Division of Housing and Community Renewal ("DHCR") have held that a tenant is entitled to a duplicate key and each occupant over the age of ten is also entitled to a key. Matter of the Administrative Appeal of Various Tenants of 1048 Union St., DHCR Admin. Rev. Docket No. UK230058-RT, April 27, 2007; NYS Div. of Hous & Community Renewal Op Ltr COL-1938 (citing Walden Terrace Tenants Assoc. v. Walden Terrace Inc., NYLJ, July 26, 1989 p.20 c. 5 (S. Ct. Queens)); In the Matter of the Application of Herman Weingord, et al. v. NYS Div. of Hous & Community Renewal, Supreme Court, Queens County, Nov. 18, 2005, Index No. 16757/05. A landlord's failure to provide additional keys to tenants or their occupants over the age of ten can result in a rent reduction based upon a decrease in building-wide essential services. If more than four years have passed since the date the locks/keys have been changed and the date of the complaint, a presumption exists that the condition is de minimis.

Accordingly, petitioners' order to show cause is granted and respondents are directed to provide petitioners with additional keys for the building's entrance door on or before September 15, 2017.

This constitutes the decision and order of this Court.

Dated: September 6, 2017
Queens, New York
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