Landlord Can't Install Elevator

February 1, 2011

LVT Number: #23159

Landlord asked the DHCR for permission to reduce the size of tenant's rent-regulated apartment in order to install an elevator in the building. While the DRA initially ruled for landlord, tenant appealed, and the DHCR ultimately ruled against landlord. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR found that the building didn't legally require an elevator and that landlord's proposed alterations would result in a significant reconfiguration of tenant's apartment.

Landlord asked the DHCR for permission to reduce the size of tenant's rent-regulated apartment in order to install an elevator in the building. While the DRA initially ruled for landlord, tenant appealed, and the DHCR ultimately ruled against landlord. Landlord appealed, claiming that the DHCR's decision was arbitrary and unreasonable. The court ruled against landlord. The DHCR found that the building didn't legally require an elevator and that landlord's proposed alterations would result in a significant reconfiguration of tenant's apartment. The DHCR rationally found that this would materially reduce tenant's use and enjoyment of his apartment.

Lite View LLC v. DHCR: Index No. 108090/10, NYLJ No. 1202478924696 (Sup. Ct. NY; 1/7/11; Lobis, J)

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