Landlord Can Change One Elevator to a Shabbat Elevator

Landlord asked the DHCR for permission to modify building services by modernizing its building’s two elevators and to change one of the modernized elevators to a Shabbat elevator. A Shabbat elevator is set up to stop on every floor automatically so that passengers don't have to press buttons. The DHCR ruled for landlord in part and permitted the elevator modernization. But the DHCR denied the portion of landlord’s application seeking to make one of the elevators a Shabbat elevator. Landlord filed an Article 78 appeal, claiming that the DHCR’s decision was arbitrary and unreasonable. The DHCR agreed to take the case back for reconsideration. Tenants argued that if landlord’s application was granted, they should receive a permanent rent reduction. The DHCR ruled for landlord. The building had two elevators, six stories and 80 apartments. Changing one of the two modernized elevators to a Shabbat elevator on Saturdays and religious holidays would have a de minimis, or minor, effect.  Other tenants won't be deprived of the use of either elevator during the Sabbath period. There was no reduction in services, and no rent reduction applied.

Touro College: DHCR Adm. Rev. Docket No. BW430001RP (4/14/16) [3-pg. doc.]