Replacing Elevator Operators with Hallway Attendant Wouldn't Adequately Modify Required Services

Landlord asked the DHCR for permission to modify building-wide services for rent-regulated tenants in its building, by eliminating three elevator operators with shifts running from 4 p.m. to 12 a.m., and replacing them with one employee in the hallway for that time period.

The DRA ruled against landlord, who appealed and lost. Landlord argued that, in other cases, the DHCR permitted the elimination of elevator operators in automatic elevators when replaced by a single lobby attendant. The DHCR found landlord's characterization of prior rulings inaccurate. In a prior case, an owner proposed to replace lobby attendants with a surveillance system. In this case, landlord wished to replace three elevator operators with one "hall person" and argued that the existing security system would provide the same level of security. But landlord's plan would lower the level of security in the building, and wasn't an adequate substitute. The presence of elevator operators in this building, which contained 17 floors and 150 apartments, provided security for the tenants, especially between the peak hours of 4 p.m. and 12 a.m. 

350 Central Park West Associates LLC: DHCR Adm. Rev. Docket No. JS430037RO (5/4/22)[3-pg. document]