Complaints About Elevator Upgrades Don't Bar MCI Rent Hikes

Landlord applied to the DHCR for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord, and tenants appealed. Tenants claimed that the new elevators were defective and that DOB had issued at least 20 elevator violations since the new elevators were installed, four of which were still pending. Tenants also claimed that there were many incidents of the new elevators shaking and being stuck and out of service, and that landlord didn't provide electrical sign-offs for the elevators. In response, landlord stated that all the DOB elevator violations had been remedied and that the remaining four were in the process of being dismissed.

The DHCR ruled against tenants. Landlord did submit DOB elevator and electrical sign-offs and approvals for the five upgraded elevators. This indicated that the elevators were properly installed. There also were no outstanding rent reduction orders based on failure to maintain building-wide services, including elevator services. The prior 20 violations and four current violations raised at the time of tenants' PAR had been dismissed and weren't immediately hazardous violations. Therefore, they didn't present a bar to the MCI rent hikes. [Download PDF of decision here.]

Clermont Tenants Association: DHCR Adm. Rev. Docket No. AW410030RT (10/19/18) [2-pg. doc.]