Rent Restored Despite Tenant's Complaints About New Elevator

Rent-stabilized tenant complained of a reduction in building-wide services based on defective elevator service. The DRA ruled for tenant in 2010 and reduced her rent. Landlord later sought rent restoration based on restoration of services. After denying two rent restoration applications, the DRA ruled for landlord and granted its third rent restoration application in 2019.

Tenant appealed and lost. Tenant argued that landlord replaced the defective elevator with a new elevator that went into service in December 2018. But tenant claimed that the new elevator was installed in an unworkmanlike manner and has never operated properly. The DHCR ruled against tenant. The DRA had granted landlord's rent restoration application based on tenant's written statement that the elevator service cited in the DRA's rent reduction order had been restored. Tenant also was now raising issues that weren't before the DRA and were therefore beyond the scope of review of the DRA's order.

Cooper: DHCR Adm. Rev. Docket No. HV410012RT (7/14/21)[3-pg. document]