DHCR Ruling That Landlord Didn't Provide Required Service Was Rational

Rent-stabilized tenants complained to the DHCR of a reduction in building-wide services. Tenants claimed that the building's elevator had been removed from service and wasn't operable because the elevator shaftway openings were covered with Sheetrock.  Landlord claimed that the elevator wasn't a provided service. The DRA ruled for tenants.

Landlord appealed and lost. Landlord then filed an Article 78 court appeal, arguing that the DHCR's decision was arbitrary and unreasonable. The court ruled that the DHCR's finding that elevator service was a required, provided service at the building as of the base date for calculating the legal regulated rent was supported by the facts and wasn't irrational. 

Chosen Realty Corp. v. DHCR: Index No. 0151169/2018, 2020 NY Slip Op 30976(U)(Sup. Ct. NY; 4/7/20; Kelley, J)