Posted by Anna on May 19, 2000 at 21:34:43:
In Reply to: pay phone clarification as a provided service posted by Elinor on May 18, 2000 at 15:02:03:
: There is a pay phone in my lobby that many residents find convenient to use. I live in a cooperative building with rent-controlled and regulated apartments. Some shareholders want to remove the phone because "the doorman uses it" - I have confirmed with the phone company that the building (ie corportation and or landlord) has been paying the phone company to have the phone there since 1976. I believe this constitutes "providing" a service and that to remove it would thus be a reduction in a service. We would like to take action to see that the phone stays where it is. Recently an intercom phone has been installed that allows local calls but it is still tricky to use and is supposed to be for building business only. Is the removal of the pay phone a reduction in services?
Maybe. But you can't report a 'reduction of service' to DHCR until after they remove it... Try to prevent removal instead: get several non-purchasing tenants and several tenant-shareholders to write to the Board of Directors. Help on effective complaint writing is on TenantNet Home.
Threatening to reduce services is forbidden by GBL 352-eeee and you can complain to the Attorney General. You should have this law in full in your Offering Plan. The two most important sections for non-purchasing tenants are:
3. All dwelling units occupied by non-purchasing tenants shall be
managed by the same managing agent who manages all other dwelling units
in the building or group of buildings or development. Such managing
agent shall provide to non-purchasing tenants all services and facili-
ties required by law on a non-discriminatory basis. The offeror shall
guarantee the obligation of the managing agent to provide all such
services and facilities until such time as the offeror surrenders
control to the board of directors or board of managers, at which time
the cooperative corporation or the condominium association shall assume
responsibility for the provision of all services and facilities required
by law on a non-discriminatory basis.
4. It shall be unlawful for any person to engage in any course of
conduct, including, but not limited to, interruption or discontinuance
of essential services, which substantially interferes with or disturbs
the comfort, repose, peace or quiet of any tenant in his use or occupan-
cy of his dwelling unit or the facilities related thereto. The attorney
general may apply to a court of competent jurisdiction for an order
restraining such conduct and, if he deems it appropriate, an order
restraining the owner from selling the shares allocated to the dwelling
unit or the dwelling unit itself or from proceeding with the plan of
conversion; provided that nothing contained herein shall be deemed to
preclude the tenant from applying on his own behalf for similar relief.
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