Proposed Automatic Elevator Insufficient Substitute Service

Landlord of unsold rent-stabilized apartments in a condominium building asked the DHCR for permission to modify required services after a manually operated passenger elevator was converted to automatic operation. The DRA ruled against landlord, finding that the new CCTV/security system used with the automatic elevator wasn't hooked up to live monitoring and therefore wasn't an adequate substitute for the security provided by the elevator operators. Landlord appealed and lost. Previously, there was a full-time elevator operator from 8 a.m. to midnight, and a porter from midnight to 8 a.m. who operated the elevator as needed while performing other duties. Now, those employees served as lobby attendants from 7 a.m. to midnight. Eight CCTV cameras at various locations recorded 24 hours a day, and an intercom system was installed between apartments and the front door. The lobby attendant monitored the CCTV/video recording system, but there was no lobby attendant on duty between midnight and 7 a.m. and therefore no monitoring overnight. The new service wasn't an adequate substitute. In a separate case, the DHCR granted tenants' application for a rent reduction based on this reduction in building-wide services.

22 Riverside Drive: DHCR Adm. Rev. Docket No. YB430005RO (2/2/12) [5-pg. doc.]