Landlord Must Provide Freight Elevator Service in Former Loft Building

Rent-stabilized tenants complained of a reduction in building-wide services based on defects in elevator service. The DRA ruled for tenants and reduced their rents, finding that landlord had removed/discontinued elevator service. Landlord appealed and lost. Landlord claimed that the DRA didn't specify the elevator condition for which rents were reduced. Tenants had complained of a reduction in freight and occasional passenger elevator service. Landlord pointed out that the building was a former interim multiple dwelling (IMD) and by Loft Board Order dated Aug. 24, 1995, the building became rent stabilized. Landlord argued that this was the base date for establishing required services. At that time, the freight elevator was the only elevator in the building, and was not used or intended for residential passenger service. Landlord also claimed that, since it bought the building in December 2015, no tenant had asked to use the freight elevator. But the DHCR found that the freight elevator service was an ancillary service that landlord was required to provide. Tenants' leases stated that landlord was required to supply use of the freight elevator. 

6 Greene Realty Owner LLC: DHCR Adm. Rev. Docket No. EX410006RO (11/17/17) [6-pg. doc.]