Landlord Can Eliminate Freight Elevator

LVT Number: 14972

Landlord asked for permission to eliminate a freight elevator that hadn't been used for 25 years. The DRA ruled for landlord. Tenant appealed, claiming that the freight elevator was an essential service under rent control. The DHCR ruled against tenant. Landlord proved that the freight elevator hadn't been used in 25 years, 14 out of 18 rent-controlled tenants signed a written agreement consenting to the discontinuation of the service, and the freight elevator wasn't an essential service under applicable regulations. Removal didn't require a court's approval.

Landlord asked for permission to eliminate a freight elevator that hadn't been used for 25 years. The DRA ruled for landlord. Tenant appealed, claiming that the freight elevator was an essential service under rent control. The DHCR ruled against tenant. Landlord proved that the freight elevator hadn't been used in 25 years, 14 out of 18 rent-controlled tenants signed a written agreement consenting to the discontinuation of the service, and the freight elevator wasn't an essential service under applicable regulations. Removal didn't require a court's approval.

Scott: DHCR Adm. Rev. Dckt. No. LC430212RT (3/16/01) [2-pg. doc.]

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