DOB Order Finding Elevator Problems Was Issued After Complaint Termination

LVT Number: #31259

Rent-stabilized tenants complained of a reduction in building-wide services based on water supply and elevator service. The DRA ruled against tenants after finding that these services were maintained. Tenants appealed and lost. They claimed that the two building elevators were constantly out of service for construction worker use. And, after the DRA denied their complaint, DOB had issued a Cease Use Order for one of the elevators based on stoppage conditions. The DHCR noted that its inspector found that the water supply was being provided to all apartments.

Rent-stabilized tenants complained of a reduction in building-wide services based on water supply and elevator service. The DRA ruled against tenants after finding that these services were maintained. Tenants appealed and lost. They claimed that the two building elevators were constantly out of service for construction worker use. And, after the DRA denied their complaint, DOB had issued a Cease Use Order for one of the elevators based on stoppage conditions. The DHCR noted that its inspector found that the water supply was being provided to all apartments. And the two elevators were operating with no defects at the time of inspection. And, if prior to inspection, landlord has restored the services referred to in tenant's complaint, no rent reduction will be ordered. The DOB order tenants referred to post-dates the DRA's order and therefore was beyond the DHCR's scope of review. 

Clark: DHCR Adm. Rev. Docket No. HU430016RT (11/18/20) [3-pg. doc.]

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