Landlord Can Move and Reduce Laundry Room Service

Landlord asked the DHCR for permission to reduce the number of washers and dryers in its hotel-stabilized building from 16 to five of each, to relocate the laundry room from the basement to the 12th floor, and to reserve one passenger elevator for the exclusive use of permanent tenants. The DRA ruled for landlord.

Tenants appealed. They argued that the elevator designated for their exclusive use as permanent tenants was used by other transient tenants and by landlord's employees. They claimed that this elevator didn't require a keycard, there was no sign informing guests that the elevator was for tenants only, that landlord falsely claimed that there were two elevators for the exclusive use of tenants, and that the 12th-floor laundry room wasn't in compliance with the requirements of DOB or the Americans with Disabilities Act (ADA).

The DHCR ruled against tenants. Landlord was required to provide only one elevator for tenants' exclusive use. Landlord had obtained a Certificate of Occupancy that lists an electrical room and a laundry room on the 12th floor of the building. The DHCR didn't otherwise have the authority to enforce any DOB rules or ADA compliance. Tenants must complain to other agencies if there were violations. DHCR inspection showed that one elevator was marked to inform non-tenants that it was for tenants' exclusive use. And tenants were given keycards to the laundry room to provide for their exclusive use. 

Various Tenants of 1186-1198 Broadway: DHCR Adm. Rev. Docket No. AN410022RT (12/3/13) [4-pg. doc.]