Manned Elevator Converted to Automatic Under Certain Conditions

(Decision submitted by James R. Marino of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Landlord applied to the DHCR for permission to convert a manned elevator to automatic operation. The DRA ruled for landlord on the condition that landlord provide an intercom system, a security guard acting as a doorman, and a security guard system operating between 11:30 am and 1:30 am Landlord and tenant appealed. Tenant claimed that landlord didn't provide the 14-hour security service. Landlord claimed that it provided 8-hour security and that to require more was unnecessary and unreasonable. The DHCR ruled against both sides. If tenant believed that landlord wasn't complying with the conditions of the service substitution, he must file a reduction in services complaint. As to landlord's claim, elevator conversion is permitted by the DHCR provided that landlord maintains the same level of building security. The DRA's requirement of 14-hour security in place of manned elevator service was reasonable.

Direct Bldg. Mgmt./Berman: DHCR Adm. Rev. Dckt. Nos. KL230156RT & LA230016RO (10/14/03) [4-pg. doc.]