Freight Elevator Service Discontinued

Tenants complained of a reduction in building-wide services because the building's freight elevator wasn't in service. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord argued that the freight elevator wasn't a service that tenants had access to or use of. The freight elevator wasn't used as a passenger elevator. But it was undisputed that the building previously had a freight elevator. At the time of inspection there was no elevator car in the elevator shaft. It wasn't necessary that the elevator be used as a passenger elevator in order to be considered a required service. Tenants had stated that the freight elevator was used to permit handicapped individuals to reach higher floors. And a freight elevator could be used to move tenant furniture in and out of the building. [Download PDF of decision here.]

Dov Mann, LLC: DHCR Adm. Rev. Docket No. FR210056RO (4/27/18) [2-pg. doc.]