DHCR Properly Reduced Rents Based on Out-of-Order Elevator

Tenants complained to the DHCR of a reduction in building-wide services based on a number of conditions. The DRA ruled for tenants and reduced their rents solely based on a finding that the elevator leading to the garage was out of order at the time of inspection. All other services were found maintained. Landlord and tenants both filed PARs. Tenants claimed that the DRA's order should be reversed because landlord failed to answer their complaint in a timely manner. Landlord claimed that the DRA mistakenly ruled that two apartments were rent controlled even though the building was newly constructed. Landlord also argued that tenants' complaint didn't allege that any elevator was out of order. So the DRA incorrectly reduced rents on this basis. The DHCR ruled for landlord in part. Although there was no evidence pointing to removal of an elevator (tenants' complaint), the garage elevator was out of order at the time of DHCR inspection. So tenants were unable to use the elevator, amounting to a decrease in services. The DRA did incorrectly list two tenants as rent controlled. The order was modified to list those tenants as rent stabilized. The DHCR ruled against tenants as landlord had filed a timely answer to tenants' complaint. 

Various Tenants of 250 W. 50th Street/ASN 50th Street LLC: DHCR Adm. Rev. Docket Nos. HR430006RT, HR430019RO (6/11/21)[3-pg. document]