Elevator Inoperative on DHCR Inspection Date

Tenants complained of a reduction in building-wide services based on an inoperative elevator. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that elevator service was properly provided at all times. Prior landlord had an active maintenance contract with an elevator servicing company, which conducted routine maintenance, service calls, and elevator testing. Landlord argued that there was a minor service problem with the elevator on the DHCR's inspection date, but that it was repaired and restored that day. But tenants had complained that the elevator broke down a lot. And elevator company records showed that they made service calls about once a month throughout 2009. On the day of the DHCR's inspection, the elevator wasn't working. The interior elevator door remained closed when the elevator entrance/shaft door was opened. There also were two open building violations on the elevator, issued in April 2010 and February 2011. The DRA properly determined that there was a reduction in services.

357 Edgecombe Avenue: DHCR Adm. Rev. Docket No. YJ430019RO (4/8/11) [4-pg. doc.]