Landlord Can't Start Charging Fee for Use of Service Elevator

LVT Number: 14676

Tenant complained of a reduction in services when landlord started charging a fee for tenants' use of the building's service elevator. The DRA ruled for tenant. Landlord appealed, claiming that this wasn't a service reduction and that tenants' leases permitted modification to include such a fee. The DHCR ruled against landlord. This restriction on tenants' use of the service elevator was a reduction in required services. And tenants' leases discussed only use and notice requirements for the elevator. A fee for elevator use wasn't mentioned.

Tenant complained of a reduction in services when landlord started charging a fee for tenants' use of the building's service elevator. The DRA ruled for tenant. Landlord appealed, claiming that this wasn't a service reduction and that tenants' leases permitted modification to include such a fee. The DHCR ruled against landlord. This restriction on tenants' use of the service elevator was a reduction in required services. And tenants' leases discussed only use and notice requirements for the elevator. A fee for elevator use wasn't mentioned.

RFD 77th St., LLC: DHCR Adm. Rev. Dckt. No. OC410098RO (11/1/00) [2-pg. doc.]

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