Restoration of Elevator Service

LVT Number: 8744

Tenants appealed a Loft Board ruling. They claimed the Loft Board had improperly ruled that tenants should bear the cost of restoring elevator service in the building. The court ruled against tenants, and they appealed. The appeals court again ruled against tenants. The Loft Board offered tenants a right to waive the requirement that landlord provide elevator service because some of the costs of restoring elevator service might ultimately shift to tenants. The Loft Board didn't actually reach the point of ruling that tenants had to pay.

Tenants appealed a Loft Board ruling. They claimed the Loft Board had improperly ruled that tenants should bear the cost of restoring elevator service in the building. The court ruled against tenants, and they appealed. The appeals court again ruled against tenants. The Loft Board offered tenants a right to waive the requirement that landlord provide elevator service because some of the costs of restoring elevator service might ultimately shift to tenants. The Loft Board didn't actually reach the point of ruling that tenants had to pay.

Nardo v. New York City Loft Board: NYLJ, p. 26, col. 1 (4/4/94) (App. Div. 1 Dept.; Murphy, PJ, Ellerin, Kupferman, Ross, Tom, JJ)