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Re: Front door access card policy (Photo ID)

Posted by Psaxe on February 12, 2002 at 20:45:20:

In Reply to: Re: Front door access card policy (Photo ID) posted by John F. on February 11, 2002 at 15:11:15:

Here's where we stand.. actually, there is law on the books regarding this issue... Here is the text of a flyer that every tenant will receive:

What are Your Legal Rights regarding
the Installation of a Key Card Lock at
350 West 51st Street?

The Division of Housing and Community Renewal (DHCR) advises landlords seeking to “install an electronic locking mechanism for the entrance of a building” the following:

“It may be advisable for the owner… to apply for modification of services [emphasis added]…the use of this application process would avoid the risk that, if the owner proceeds without prior approval from DHCR, and a tenant successfully argues, upon filing a complaint, that the installation and operation of the electronic door locking system constituted a diminution of required or essential services, the owner may face not only a rent reduction, but a rent freeze as well…

As noted as follows in RSC Sec. 2522.4 (e):

An owner may file an application to modify or substitute required services [e.g. key card lock], at no change in the legal regulated rent, on forms prescribed by the DHCR on the grounds that:

(1) the owner and tenant, by mutual voluntary written agreement, consent to a modification or substitution of the required services provided in the housing accommodation;

Our comment: As a tenant, YOUR consent has NOT been sought nor given for the installation.

(2) such modification or substitution is required for the operation of the building in accordance with the specific requirements of law

Our comment: The installation of the key card lock is NOT required by law.
It is a voluntary choice made by, and benefiting the Landlord as follows:

a) Landlord will (most likely) pay reduced insurance premiums.
b) Landlord will now control distribution of keys via Photo IDs.
c) Landlord can raise money by charging YOU $25 per additional/replacement/lost key.
d) Landlord can track YOUR entrances and exits and can use that information to evict YOU. on a claim that 350 West 51st is not YOUR primary residence.
e) Landlord will have the power to invade YOUR privacy.

Your Tenant’s Association believes that the installation will result in reduced privacy.
Your Tenant’s Association is considering pursuing an injunction to prevent the installation.
Your Tenant’s Association wants and needs your input and participation!

AFTER 9/11, IT’S GOOD TO WANT TO FEEL SECURE!
BUT AT WHAT COST?
READ YOUR LEASE! CALL THE LANDLORD! ASK QUESTIONS!

PLEASE ATTEND THE NEXT TENANT’S ASSOCIATION MEETING
___________________________________________________________


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