Elevator Previously Converted from Manual to Automatic

(Decision submitted by Paul J. Korngold of the Manhattan law firm of Tuchman, Katz, Schwartz, Gelles, Korngold & Weiss, LLP, attorneys for the landlord.) Facts: The DHCR gave landlord permission to modify services by converting from manual to automatic elevator. As a condition of the approval, the DHCR stated that landlord couldn't apply for MCI rent hikes for the elevator work until the useful life of the elevator expired. Landlord later applied for MCI rent hikes for the new elevator installation. Landlord didn't seek any rent hike for the portion of the elevator work allocable to the conversion cost. The DHCR ruled for landlord, and tenants appealed. The court sent the case back to the DHCR for reconsideration. DHCR: Landlord wins. When there has been a conversion from manual to automatic elevator service, there is no bar to MCI rent hikes except for related security measures and the elevator conversion cost.

900 West End Ave. Tenants Assn.: DHCR Adm. Rev. Dckt. No. TF430002RP (9/13/05) [8-pg. doc.]