Inoperative Elevators Not a Temporary Service Reduction

LVT Number: 8193

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant, and landlord appealed. Landlord claimed that a problem with the building's elevators was a temporary service reduction resulting from an emergency situation. But, when landlord answered tenant's complaint, he admitted that work was still being done on the elevators. The DHCR ruled against landlord. Since the condition continued from the time tenant complained to the time landlord got and answered tenant's complaint, the condition couldn't be temporary.

Tenant complained of a reduction in building-wide services. The DRA ruled for tenant, and landlord appealed. Landlord claimed that a problem with the building's elevators was a temporary service reduction resulting from an emergency situation. But, when landlord answered tenant's complaint, he admitted that work was still being done on the elevators. The DHCR ruled against landlord. Since the condition continued from the time tenant complained to the time landlord got and answered tenant's complaint, the condition couldn't be temporary.

185 Bronx River Road, Apt. 6-A: DHCR Adm. Rev. Dckt. No. FH 810196-RO (7/15/93) [4-page document]

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