DHCR Ruled Differently on Elevator Service Reduction Issue in Two Cases

Rent-stabilized tenants complained to the DHCR in December 2023 about various conditions, including that elevator service wasn't being provided. The DRA opened a separate docket number to address possible emergency elevator conditions. The DRA ruled against tenants in that separate proceeding on June 27, 2024.

One tenant appealed and lost. She argued that the elevator continued to "present issues" and that the elevator wasn't stopping level with the floor. DHCR inspection conducted on March 15, 2024, showed that the elevator was operating properly, that it wasn't broken, and that there were no signs posted regarding elevator service. The DHCR also checked DOB's elevator violation database and found no active elevator violations for the building at the time of the DRA's order.

However, the DRA also issued a separate order in December 2024 based on tenants' entire complaint, and found that, while the elevator janitorial service was being maintained on July 1, 2024, the elevator service was "not maintained" on that date because the elevator didn't stop level at certain floors and left a 2-inch trip hazard when landing. The elevator also bounced when stopping on all floors. So, the DRA had ruled for tenants in the other service reduction proceeding.

Foglia: DHCR Adm. Rev. Docket No. MS210028RT (1/14/25)[3-pg. document]