Tenant Claims New Elevators Cause Excessive Noise

August 31, 2004

LVT Number: 17536

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord. Tenant appealed, claiming that she shouldn't have to pay the rent hike because the elevator made excessive noise. Her bedroom was next to the elevator shaft. She also said that because of the location, she was often the first to know about elevator problems and had to call for repairs. The DHCR ruled against tenant. Landlord proved the work was done properly and qualified for an MCI rent hike.

Landlord applied for MCI rent hikes based on elevator upgrading. The DRA ruled for landlord. Tenant appealed, claiming that she shouldn't have to pay the rent hike because the elevator made excessive noise. Her bedroom was next to the elevator shaft. She also said that because of the location, she was often the first to know about elevator problems and had to call for repairs. The DHCR ruled against tenant. Landlord proved the work was done properly and qualified for an MCI rent hike. Neither tenant nor any other tenants had filed complaints of reduction in services concerning the elevator.

Epstein: DHCR Adm. Rev. Dckt. No. SE430039RT (7/21/04) [2-pg. doc.]

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