Lite View, LLC v. New York State Division of Housing & Community Renewal

OPINION OF THE COURT

Tom, J.P.

The issue raised on this appeal is whether petitioner owner’s proposed installation of an elevator shaft within a tenant’s apartment will change the shape and character of the dwelling space and materially affect the tenant’s use and enjoyment of that space in contravention of the rent laws.

Owner acquired the premises known as 218 East 84th Street in Manhattan by an indenture dated April 14, 2009. The building is described as a five-story walk-up containing 20 residential units, four on each floor. Two weeks later, owner filed an application with respondent…