Fact
Sheet #3 - Required and Essential Services
Services Owners are Required to Provide
An owner must provide and maintain services and equipment furnished or required
by Rent Control or Rent Stabilization regulations. Required or essential
services include repairs, heat, hot and cold water, maintenance, painting
and janitorial services, elevator service and ancillary services such as
garage and recreational facilities. This may include services that were provided
but not registered by the owner on the Initial Apartment Registration (DHCR
Form RR-1(i)) or, the Initial Building Services Registration (DHCR
Form RR-3(i)).
Under rent stabilization, an owner must generally maintain all services
required by the Rent Stabilization Law on rent stabilization's base dates
of May 31, 1968 and/or May 29, 1974. 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.
The base date for buildings which were governed by Mitchell-Lama regulations
is the day they became subject to rent regulation.
Under rent control, the owner must generally 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.
Minor (De Minimis) Service Conditions
Certain conditions complained of as constituting a decrease in a required
service may have only a minimal impact on tenants, do not affect the use
and enjoyment of the premises, and may exist despite regular maintenance
of services. Such conditions, which are minor (de minimis) in nature, do
not rise to the level of a failure to maintain a required service. See Fact
Sheet #37, De Minimis Conditions, for a schedule of these conditions.
Repair or Replacement of Defective Equipment
When an owner provides equipment or services within an apartment, such as
a refrigerator, stove or air conditioner, the owner must maintain it in good
working order. Defective equipment can be:
-
Repaired at the owner's expense or;
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Replaced with reconditioned or used equipment, provided it is in good
working order and is comparable to the item replaced. The owner is not
entitled to any increase in rent based on the cost of reconditioned or
used equipment or;
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Replaced with a new one. The owner may be entitled to a rent increase
equal to 1/40th of the cost of the new equipment, including installation
costs, but not including finance charges. For occupied apartments, however,
the tenant's voluntary written consent is required before the owner may
collect the increase. If an installation of 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
#12.
For rent stabilized apartments, the tenant's written consent should be retained
by the owner, but need not be filed with DHCR. For all apartments subject
to rent control, the owner must file a notice (DHCR
Form RN-79b) with DHCR
to obtain a rent increase for new equipment. The tenant's consent is a part
of that form and the rental increase is effective on the first rent payment
date following its filing.
Written Complaints
If prior written communications to the owner do not result in corrective
action being taken, tenants can file a written complaint of a decrease in
services on the appropriate DHCR form. There are exceptions to the need for
prior written communications for various emergency conditions. For additional
information, see Fact Sheet #14, Complaints of Decreased Services.
Sources:
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New York City Rent Stabilization Code, Section 2523.4
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Tenant Protection Regulations, Section 2503.4
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New York City Rent and Eviction Regulations, Section 2202.16
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New York State Rent and Eviction Regulations, Section 2102.4
Related material:
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Fact Sheet #12, Rent Adjustments for New Services, New Equipment or Improvements
to an Apartment
-
-
Fact Sheet #37, De Minimis Conditions in Building-Wide or Individual
Apartment Areas
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 9/22/09
RGB Page Updated 8/5/2010
