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Landlord & Tenant
Video Surveillance an Adequate Substitute for Lobby Attendants
Matter of Basile v. Rubin NYLJ 10/12/18, p. 31., col. 1 AppDiv, Second Dept. (memorandum opinion)
In tenants' Article 78 proceeding challenging DHCR's determination that a video surveillance system was an adequate substitute for part-time lobby attendants, landlord and DHCR separately appealed from Supreme Court's grant of the petition. The Appellate Division reversed and denied the petition, holding that DHCR's determination was rational, and not arbitrary or capricious.
Landlord applied to DHCR for permission to modify building services by replacing part-time lobby attendants with a video surveillance system. A rent administrator determined that the video system was an adequate substitute for the attendants, and DHCR's Deputy Commission affirmed that determination. Rent-stabilized tenants then brought this Article 78 proceeding challenging DHCR's determination, and Supreme Court granted the petition and enjoined landlord from removing the part-time attendants pending the outcome of the proceedings. Landlord and DHCR appealed.
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