Freight Elevator Service Was Provided, Contrary to Tenant's Complaint

Rent-stabilized tenant of a co-op apartment complained of a reduction in building-wide services based on problems with elevator service. Tenant claimed that there was no longer a designated freight elevator and that tenants were no longer able to schedule deliveries in the manner they used to. Landlord denied tenant's claims and pointed out that it had no exclusive control over elevator service since it was the cooperative shareholder of tenant's apartment and not the building owner. The DRA ruled for tenant and reduced his rent.

Landlord appealed and won. Landlord argued that the DHCR's inspection found all elevators operable and accessible. The DHCR reinspected the elevators during the PAR proceeding and found that there were a total of five elevators. Two were in the lobby for passengers and service, one was at the rear for passengers only, one was at the landing in between the rear lobby and the lower-level staircase for service only, and one was at the cellar for passengers and service. So, the DRA incorrectly determined that freight elevator service had been removed. Although tenant now claimed that there was no attended freight elevator at the building, that claim wasn't raised before the DRA. 

C72 LLC: DHCR Adm. Rev. Docket No. JV410005RO (9/8/22)[4-pg. document]