Inoperable Elevator Was Dangerous Condition

LVT Number: #25475

DOB issued a violation notice to landlord for failing to maintain the building's elevator in a safe and code-compliant manner. The notice described the condition in the six-story multiple dwelling as dangerous. Landlord claimed that it had paid for elevator repairs and that the elevator was out of service at times following Hurricane Sandy. The ALJ ruled against landlord and fined it $2,500. Landlord appealed and lost. There was only one elevator in the building. By definition, this made it a dangerous condition under the regulations when the elevator was out of service.

DOB issued a violation notice to landlord for failing to maintain the building's elevator in a safe and code-compliant manner. The notice described the condition in the six-story multiple dwelling as dangerous. Landlord claimed that it had paid for elevator repairs and that the elevator was out of service at times following Hurricane Sandy. The ALJ ruled against landlord and fined it $2,500. Landlord appealed and lost. There was only one elevator in the building. By definition, this made it a dangerous condition under the regulations when the elevator was out of service. There also were at least two periods that the elevator was inoperable between November 2012 and April 2013. 

9 West 73rd Street LLC: ECB App. No. 1301343 (3/27/14) [4-pg. doc.]

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