Landlord Switched from Manual to Automatic Elevators Without DHCR Approval

Tenants complained of a reduction in building-wide services because landlord replaced manually operated elevators with automatic elevators. They claimed that this caused a reduction in building security. The DRA ruled for tenants. Landlord appealed and lost. Landlord claimed that the elevators needed to be replaced, the new elevators were a building improvement, and there was no reduction in security. Landlord also argued that he didn't need the DHCR's permission to change the elevators. The DHCR ruled that the Rent Stabilization Code requires landlord to maintain services included in tenants' rents unless landlord files an application with the DHCR to decrease or modify any required services provided, and the DHCR approves that application.

Jalondoni: DHCR Adm. Rev. Docket No. UH410034RO (12/29/06) [2-pg. doc.]