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Problem accessing Verizon equipment for repairs

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

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Problem accessing Verizon equipment for repairs

Postby aurora23 » Wed Apr 05, 2017 10:54 pm

I have a landline problem and have a Verizon repair visit scheduled. Verizon has indicated they may need access to their equipment box which is in the backyard of my building. The only access to the backyard is through the apartment of a tenant.

When I called the repair office to arrange access, I was told to contact the super to do this. When I spoke to the super, he said I had to arrange this directly with the tenant, who is new to the building and not known to me. I got no answer when I knocked on her door, so, at the super's suggestion, I left her a note. In the note, I explained the situation, and, since my schedule is flexible, I offered to arrange the repair appointment at whatever time was most convenient for her. I included my contact information, but she has not gotten back to me.

I'm not sure how to proceed at this point if in fact the repair involves accessing the outside box. In this type of situation, is the landlord required to provide a way to access the box? Can the landlord refuse access so that the tenant is unable to have working basic utilities, in this case a landline phone?
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Re: Problem accessing Verizon equipment for repairs

Postby TenantNet » Thu Apr 06, 2017 2:05 am

I believe it is the super/landlord's obligation and they are just passing the buck. Would the super give you the name and phone number of the tenant? Does the super have a key to allow the repair person access?

At this stage it appears to be an annoyance rather than a legal situation. Still, I would document the problem, what Verizon says they need to do and the steps you are taking to try to arrange access.
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Re: Problem accessing Verizon equipment for repairs

Postby Cranky Tenant » Thu Apr 06, 2017 1:20 pm

Interesting question now that so many landlords seem to be converting backyards to gardens for the exclusive use of a single tenant. Is there a secondary fire exit as required by law? If not, you may want to speak with the Fire Department. The issue could be more serious than access to a landline.
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Re: Problem accessing Verizon equipment for repairs

Postby TenantNet » Thu Apr 06, 2017 1:32 pm

Back yard access is not always the equivalent as a second means of egress. To qualify, there has to be a clear path to the street. Still, it's worth looking at.
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Re: Problem accessing Verizon equipment for repairs

Postby aurora23 » Wed Apr 19, 2017 3:24 am

Thank you for your comments, and I apologize for not following up sooner.

In terms of my immediate problem, it turned out that Verizon was able to fix my phone service remotely, so a repair visit wasn't needed. Prior to that, I did recontact the landlord repair number, and they contacted the tenant who contacted me with some available dates. I still haven't met her, but she seemed happy to hear, via text, that the repair visit wasn't needed.

I don't get good cell service in my apartment. It doesn't work in the front at all, and sometimes drops out in the back. So I feel a landline is an essential service, and not having one would create a safety issue. Before I knew the Verizon visit wasn't needed, I researched possible regulations on this issue. I spoke to a few agencies, starting with DHCR, and each person I spoke to was very nice, but couldn't help me directly and suggested I contact another agency. I never found a definitive answer on this issue, via phone calls or online. If it actually came down to the landlord refusing to make accomodations for access to the Verizon box when needed, it looks like it would be necessary to file a complaint and perhaps then the proper regulation could be determined.
For now, at least, this won't be necessary.

You raised an interesting point about the conversion to private backyards and access to the street. There's a rear fire escape to get out of the apartment, but from the front of the building, it doesn't appear there is direct access from the backyard to the street. This seems to be true of a lot of buildings I pass, where the buildings are right up against each other, with no side alleyways. There are fenced off areas for two backyards in my building. The fences appear to be thin wooden slats, so could hopefully be knocked down easily in an emergency. (But that is hopeful speculation on my part.) I will need to research this issue further.
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Re: Problem accessing Verizon equipment for repairs

Postby TenantNet » Wed Apr 19, 2017 4:31 am

I would think in NYC there would be no problem with cell service anywhere, but you never know.

A landline does have some advantages, especially as to the clarity of a call. Even good cell service seems garbled from time-to-time.

DHCR has nothing to do with phone service. But they might see it as to giving repair people access in order to make repairs. As far as I know, phone service is not a required service in the same way that heat and hot water are.

But rent stab is different from rent control. RC looks at "essential" services and RS looks at "required" services, which is any service provided or required to be provided on the base date. That might include phone service - or at a minimum access for repairs. Even so, I've not seen any cases on point.

Not that you reached this point, but DHCR might not be the best spot to push this issue; another option might be to file a HP proceeding in Housing Court. That can be a bit more intense, but can likely be over and done in a much shorter time.

I've always heard that real egress requires access to the street, but DOB might allow it otherwise. I'd start at the Building Code here: https://goo.gl/u0DMq9

But even with that, I'd get a better opinion from an architect.
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