In In re Greenberg v. Higgens, 167 A.D.2d 216, 561 N.Y.S.2d 722 (1st Dep't 1990), the landlord sought to build an elevator shaft in a portion of a studio apartment by taking away the kitchenette area and part of the living room and substituting dwelling space with an extension of the apartment into part of another apartment.
In Greenberg, the First Department found that altering the living space in this manner would have "completely altered the shape and character of the apartment." Id. at 217.
The Deputy Commissioner found, "therefore, that the proposed construction of the elevator and alteration of the Apartment is not consistent with the Rent Laws and that the Rent Administrator's Order should be revoked."