Elevator Out of Service for Several Days

DOB issued a violation notice to landlord for failing to maintain service equipment in its building. DOB’s inspector observed that the only elevator in the building was out of service. Landlord admitted at the hearing that the elevator had been out of service for two or three days, but claimed that it was restored on the date of the violation. The ALJ ruled against landlord and fined it $250. Landlord appealed and lost. Landlord claimed that the cited condition wasn’t a failure to maintain service equipment. ECB disagreed. It didn’t matter what caused the failure of the elevator equipment, and landlord didn’t explain why it didn’t restore elevator service sooner.

ESA Holding Corp.: ECB App. No. 0900374 (2/25/10) [2-pg. doc.]