Landlord Can Replace Manually Operated Elevator with Self-Service Elevator

Landlord applied to the DHCR for permission to modify building-wide services by converting a manually operated elevator to a fully automatic self-service elevator and eliminating the manual elevator operator. The DRA ruled for landlord.

Tenants appealed and lost. Tenants claimed that the DRA's decisions was inconsistent with long-standing DHCR policy on elevator conversions, and didn't impose conditions to assure that landlord provided a meaningful substitute for the security provided in the past by the manual elevator operators. The DHCR pointed out that RSC Section 2522.4(e) permits an owner to modify a required service with the DHCR's approval, provided that doing so wouldn't be inconsistent with the Rent Stabilization Code and Law. Since the manual elevator operator wasn't trained in security, wasn't armed, and wasn't allowed to leave the elevator post and therefore didn't provide any other service than operating the manual elevator, the DHCR found that the conversion here, which called for installation of secuirty cameras within all common areas of the building constitute an adequate substitute for the manual elevator services, including the elevator operator. The installation of security cameras at the listed strategic locations will enhance the building's security better than reassigning the elevator operator as a lone untrained security guard in a building with 100 apartments. And it wasn't within the scope of the DHCR's authority to specify the locations, type, and number of cameras to be installed.

Various Tenants of 765 Riverside Drive: DHCR Adm. Rev. Docket No. MN430016RT (10/1/24)[5-pg. document]