Landlord Can't Reduce Tenant's Dwelling Space for Elevator Installation

Landlord asked the DHCR for permission to decrease the dwelling space of tenant’s rent-stabilized apartment in order to accommodate the installation of a new building elevator. The DRA ruled for landlord and ordered a 10 percent decrease in tenant’s rent. Tenant appealed and won. Tenant argued that he had lived in the apartment for over 30 years, was severely disabled, and required the assistance of a home attendant. He said if he had to move out, even temporarily, it would create a hardship. Landlord’s plan also would require removing 63 square feet from his kitchen for the elevator shaft and extending the apartment by 66 square feet into the rear yard of the building. But tenant had exclusive use of the rear yard and would lose the outdoor space. The DHCR found that landlord’s proposal would require taking away 18 percent of the apartment’s existing dwelling space, in the bathroom and kitchen areas. There also was no legal requirement for the building to have an elevator. Landlord’s plan would result in a significant reconfiguration of the space and would materially reduce tenant’s use and enjoyment of his apartment.

218 East 84th Street: DHCR Adm. Rev. Docket No. XJ410007RT (4/22/10) [4-pg. doc.]