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Can a landlord charge for a key to security gate?

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Can a landlord charge for a key to security gate?

Postby tenantfrustrated » Wed Jun 15, 2011 9:24 pm

I live in a rent stabilized apartment. Last October my landlord installed a security gate that allows entry into our courtyard and this gate can only be opened with an electronic key (FOB). This key also gives access to our mailbox area and the door to our lobby. I was only given 2 keys even though there are 3 occupants in my apartment and all 3 are listed as living in my apartment. I gave the keys to my son (22) and my daughter (19) and when I asked for my key I was told that I had to pay $100 deposit that will be refunded when I vacate the apartment. We were never informed that this security system was going into effect and when I asked for the policy in writing I was told that wasn't necessary. I want to know if my landlord has the right to demand that I pay $100 for this key?
Thank you,
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Postby ronin » Sun Jul 03, 2011 2:19 am

No. IMHO.

He is blocking your access to your apartment and must provide you with the key. Think of it as the building's entrance and look in the reference section for landlords blocking the tenant's access to the front entrance. You can sue him for doing this- a key must be provided for all of the occupants of your apartment to provide access that is the same as before the LL added this gate.

Technically you can call the police about the blocked access.

Maybe he could charge a fee if you lose the keyfob, but not outright because the original RS lease did not provide for that.
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Postby TenantNet » Sun Jul 03, 2011 6:42 am

I moved this topic to the RS forum where it belongs. The answer -- as Ronin points out -- depends on the tenant's regulation status.

It can depend if a fee is listed on the tenant's lease - which it usually isn't. If unregulated the LL can add new charges on a renewal lease. If RS, they can't do that. If it's a fee for the first key, then I agree with Ronin; they can't do that (some say first two keys). But in some cases fees for additional keys have been allowed. One would have to research the case law on that. It might also depend on if it's a key or an electronic card.

For keys you might consider just making your own copy. I know some keys say "Do not duplicate" but I've found some locksmiths willing to ignore that.
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