Landlord Can Reduce Elevator Size

LVT Number: #23653

Landlord asked the DHCR for permission to modify services at a rent-stabilized building by reducing the size of the passenger and freight elevator cabs. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the DRA didn't consider the reduction in the depth of the freight elevator. But the DHCR's inspector measured the elevators and affected apartment doors and found that any furniture that can be moved in or out through tenants' apartment doors would fit into and out of the new freight elevator.

Landlord asked the DHCR for permission to modify services at a rent-stabilized building by reducing the size of the passenger and freight elevator cabs. The DRA ruled for landlord. Tenant appealed and lost. Tenant claimed that the DRA didn't consider the reduction in the depth of the freight elevator. But the DHCR's inspector measured the elevators and affected apartment doors and found that any furniture that can be moved in or out through tenants' apartment doors would fit into and out of the new freight elevator. In a separate order, the DRA had reduced tenants' rents because landlord had reduced services by reducing the elevator size before asking the DHCR's permission. But rents were restored once landlord's service modification application was approved.

706 Riverside Drive: DHCR Adm. Rev. Docket No. YG430002RT (8/26/11) [4-pg. doc.]

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