Freight Elevator Not Required

LVT Number: 11434

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Loft tenant complained to Loft Board of a reduction in services. Tenant claimed that the building's freight elevator wasn't working between 1979 and 1984 and then landlord removed it altogether in 1987. The Loft Board ruled against tenant. The freight elevator wasn't an essential service under Loft Board regulations. Tenant also hadn't proved that freight elevator service was provided on the June 21, 1982, base date.

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Loft tenant complained to Loft Board of a reduction in services. Tenant claimed that the building's freight elevator wasn't working between 1979 and 1984 and then landlord removed it altogether in 1987. The Loft Board ruled against tenant. The freight elevator wasn't an essential service under Loft Board regulations. Tenant also hadn't proved that freight elevator service was provided on the June 21, 1982, base date. Also, the service wasn't required under tenant's 1979 lease.

Ando: NYC Loft Bd. Order No. 2036 (11/21/96) [13-page document]

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