Elevator Condition Repaired by the Time of DHCR Inspection

Tenants complained of a reduction in building-wide services due to elevator service and janitorial service in the elevator. The DRA ruled against tenants after DHCR inspection found no service reductions. Tenants appealed and lost. Tenants argued that they submitted proof that the elevator had been inoperable for four months before being restored. But, by the time the DHCR inspected, elevator service had been restored. It was longstanding DHCR policy, set forth in Policy Statement 90-2, that if a condition is restored before DHCR inspection, no rent reduction would be granted. And, at the time of inspection, there was no janitorial issue in the elevator.

Miller: DHCR Adm. Rev. Docket No. FR410014RT (4/10/18) [2-pg. doc.]