Landlord Can Require Guests with Dogs to Use Service Elevator

LVT Number: 16326

Landlord asked the DHCR if requiring tenants and their guests to use the service elevator to bring their dogs back and forth would be considered a reduction in services. In an opinion letter, the DHCR said that, with regard to guests, there were no required services. So guests with dogs could be required to use the service elevator. The building had a no-pets policy for tenants, except for tenants who had pets before the building converted to a condominium.

Landlord asked the DHCR if requiring tenants and their guests to use the service elevator to bring their dogs back and forth would be considered a reduction in services. In an opinion letter, the DHCR said that, with regard to guests, there were no required services. So guests with dogs could be required to use the service elevator. The building had a no-pets policy for tenants, except for tenants who had pets before the building converted to a condominium. For those tenants who previously were permitted to bring their dogs in the passenger elevators, making them use the service elevator would be a reduction in services. But the DHCR said it would be minor and shouldn't result in a rent reduction. To play it safe, landlord should file an application for modification of services.

DHCR Opin. Ltr. by Charles Goldstein (8/1/02) [3-pg. doc.]

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