Landlord Corrected DOB Elevator Violations

(Decision submitted by Karen Schwartz-Sidrane of the Manhattan law firm of Rosenberg & Estis, P.C., attorneys for the landlord.) Tenants complained of a reduction in building-wide services based on a number of conditions, including elevator violations. The DRA's inspector didn't check the elevator. But the DRA found elevator violations on the building's DOB computer printout. The DRA ruled for tenants and reduced their rents. Landlord appealed and won. It is DHCR's policy to rely on DOB violation reports to determine if there is reduced elevator service. But here the violation was listed sometime before the DRA's order was issued. Later DOB reports show that the violation was corrected before the DRA's order was issued.

Kinway Realty Co.: DHCR Adm. Rev. Dckt. no. IF 230324 RO (6/7/95) [4-page document]