Landlord Can't Discontinue Elevator Service in Former Loft Building

Landlord asked the DHCR for permission to eliminate elevator service at a former interim multiple dwelling (IMD) now subject to rent stabilization. The building was originally operated for commercial use, the elevator was very old, replacement rather than repair was needed, and the four building tenants didn't use it much. The DRA ruled for landlord in 2010 and ordered a $5 permanent monthly rent reduction effective Dec. 1, 2009. Tenants appealed and lost.

One tenant then filed an Article 78 court appeal, and the DHCR took the case back for further consideration. The DHCR then ruled for tenants. None of the tenants agreed to discontinuance of elevator service, removal of the elevator services wasn't required for the operation of the building, and ECB had order landlord to restore the elevator in 2009 and imposed a $1,000 penalty. Landlord also hadn't shown any financial hardship that prevented repair or replacement of the elevator. 

Lawenda/Jacobus: DHCR Adm. Rev. Docket No. DN410002RP (5/3/17) [8-pg. doc.]