DHCR FACT SHEET #3 Division of Housing and Community Renewal REQUIRED AND ESSENTIAL SERVICES Under rent stabilization, an owner must maintain all services required by the Rent Stabilization Law on rent stabilization's base date of May 29, 1974 and/or May 31, 1968. The base date for apartments under the Emergency Tenant Protection Act (ETPA) outside of NYC is May 29, 1974, or the day immediately prior to the local effective date, whichever is later. These services are called required services and include, but are not limited to: repairs, decorating and maintenance, the furnishing of light, heat, hot and cold water, elevator services, janitorial services and removal of refuse. Under rent control, the owner must provide and maintain all services furnished or required to be furnished on the base date of May 1, 1950 for rent controlled apartments outside of NYC, and March 1, 1943 for those within NYC plus or minus authorized services increased or decreased since this base date. These services are called essential services and may include, but are not limited to: repairs, decorating and maintenance, the furnishing of light, heat, hot and cold water, elevator service, kitchen, bath and laundry facilities and privileges, janitor service, and removal of refuse. Required services or essential services for apartments can be building-wide, such as heat, hot water, elevator service, and maintenance of public areas of the building. The service may also be something furnished within an individual apartment, such as a refrigerator, stove, air conditioning equipment, or painting. When an owner provides equipment or services, such as a refrigerator or an air conditioner, the owner must maintain it in good working order. Defective equipment must be repaired or replaced. The owner does not have to replace defective equipment with brand new equipment. The defective equipment can be replaced with reconditioned or used equipment, provided they are in good working order. The owner is not entitled to any increase in rent based on the cost of replacement with reconditioned or used equipment. If an appliance is replaced with a new one, the owner may be entitled to a rent increase. Official approval by DHCR is not tenant's written in rent stabilized apartments in NYC. However, the tenant's written consent is required before the owner may collect the increase. In such cases, the owner may charge the tenant a rent increase equal to 1/40th of the cost of the new equipment, including installation costs, but not including finance charges. It an installation or new equipment is done while the apartment is vacant, the new tenant's consent is not required for the owner to collect a 1/40th increase. [See Fact Sheet on Rent Increases for New Services, New Equipment, or Improvements to an Apartment] For all apartments subject to rent control, or rent stabilization outside of NYC, the owner must file an application with DHCR to obtain a rent increase for new equipment. Tenant's consent is a part of that form. A tenant who experiences a decreased service in an individual apartment should first contact the owner. It that does not resolve the problem, the tenant may file an Individual Tenant Statement of Complaint of Decrease in Services [DHCR form RA-81]. For complaints involving a decrease in building-wide services, still uncorrected after consulting with the owner, a tenant or tenant representative should tile a Statement of Complaint of a Decrease in Building-Wide Services [DHCR form RA-84]. ------------------------------------------------------------ DHCR Fact Sheets (series of thirty) are issued by the New York State Division of Housing and Community Renewal (DHCR) as plain- english informational publications. For official agency policies, see DHCR Policy Statements, Advisory Opinions and Operational Bulletins. Also refer to the Rent Stabilization Code, the Rent Stabilization Law and various Rent Control Statutes. Electronic versions of these documents on TenantNet are for informational purposes only and there is no guarantee they will be accepted by any court (or even DHCR) as true copies of DHCR policy. The reader may obtain true copies of these documents from DHCR. Every attempt has been made to conform to the original Fact Sheets as issued by DHCR; TenantNet makes no representation the enclosed material is current or will be applied as written. The reader is advised that DHCR often fails to properly apply, interpret or enforce housing laws. Since housing laws are complex and often contradictory, it is recommended the reader obtain competent legal advice from a tenant attorney or counseling from a tenant association or community group. (rev. 3/13/96) DHCR documents are public documents; the electronic version of such documents have been developed by TenantNet and any added value, enhancements and/or proprietary features are copyright 1994, 1995 and 1996 by TenantNet. These documents may be freely distributed provided they remain intact as herein presented, including this and the top informational banner referencing TenantNet as the original provider. ------------------------------------------------------------ For more information or assistance, call the DHCR Rent Infoline at (718) 739-6400, or visit your Borough Rent Office. Queens Central Office 92-31 Union Hall St. 4th Fl. Jamaica, NY 11433 (718) 739-6400 Bronx One Fordham Plaza Bronx, NY 10458 (718) 563-5678 Brooklyn 250 Schermerhorn St. 3rd Floor Brooklyn, NY 11201 (718) 780-9246 Lower Manhattan 156 William Street 9th Floor NY, NY 10038 (212) 240-6011, 6012 South side of 110th St. and below Upper Manhattan 163 W. 125th St. 5th Floor NY, NY 10027 (212) 961-8930 North side of 110th St. and above Staten Island 350 St. Mark's Place Room 105 Staten island, NY 10301 (718) 816-0277 Nassau County District Rent Office 50 Clinton Street, 6th Floor Hempstead, NY 11550 (516) 481-9494 Westchester County District Rent Office 55 Church Street, 3rd Floor White Plains, NY 10601 (914) 948-4434 Rockland County District Rent Office 94-96 North Main St. Spring Valley, NY 10977 (914) 425-6575 Albany Regional Office 119 Washington Avenue Albany, NY 12210 (518) 432-0596 Buffalo Regional Office Ellicot Square Building 295 Main St., Room 438 Buffalo, NY 14203 (716) 856-1382 ------------------------------------------------------------