Landlord Can't Convert Elevator to Sabbath Elevator

Landlord asked the DHCR for permission to modify essential services of rent-controlled tenants in its building. Landlord sought to modernize two existing elevators and to change one of the elevators into a "Sabbath" elevator--that is, one that automatically stops on every floor from sundown on Friday nights until sundown on Saturday nights. The DRA ruled that landlord could modernize the two elevators but couldn't convert one of the elevators into a Sabbath elevator because tenants who didn't observe the Sabbath would be unduly inconvenienced by the considerably slower trip in an elevator that stopped on every floor on a day when many tenants had increased need for the elevators to do personal errands.

Landlord appealed and lost. Landlord claimed that at least 50 percent of the building's tenants would be using the Sabbath elevator and that these tenants lived on higher floors. Landlord also pointed out that the elevators would be enlarged and therefore, more tenants could use the other elevator. Landlord also argued that the Workplace Religious Freedom Act (WRFA) required landlord, as an employer, to make "reasonable accommodation" to employees like resident assistants who lived and worked in the building. A number of tenants objected to landlord's PAR.

The DHCR upheld the DRA's finding that the round trip of the Sabbath elevator would be considerably slower than that of conventional elevators. Notably, 33 tenants objected to landlord's proposal, while only two submitted statements in support. The DHCR also stated that the WRFA didn't apply to the rights of landlords and tenants. Landlord could provide employees with ground-floor apartments. And since its employees may not work on the Sabbath, they wouldn't need a Sabbath elevator to facilitate their employment.

Touro College: DHCR Adm. Rev. Docket No. ZK430047RO (4/26/13) [5-pg. doc.]