Size of Elevators Reduced Before DHCR Approved

LVT Number: #23103

Tenants complained of a reduction in building-wide services based on a reduction in the size of two elevators. Tenants claimed that they could no longer move oversized furniture or equipment into or out of the building due to this change. After landlord received tenants' complaint in February 2008, it asked the DHCR for permission to modify building elevator service. The DHCR granted landlord's application, and then denied tenants' service complaint. Tenants appealed. Landlord had reduced the elevator service before seeking permission from the DHCR to do so.

Tenants complained of a reduction in building-wide services based on a reduction in the size of two elevators. Tenants claimed that they could no longer move oversized furniture or equipment into or out of the building due to this change. After landlord received tenants' complaint in February 2008, it asked the DHCR for permission to modify building elevator service. The DHCR granted landlord's application, and then denied tenants' service complaint. Tenants appealed. Landlord had reduced the elevator service before seeking permission from the DHCR to do so. The DHCR ruled for tenants and reduced their rents for the period between February 2008 and April 2010, when landlord's service modification application was granted. Until the DHCR granted landlord's application, the reduction in elevator size was a reduction in services.

706 Riverside Drive: DHCR Adm. Rev. Docket No. YF430012RT (11/17/10) [3-pg. doc.]

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