Landlord Denied Access to Elevator Machine Room

LVT Number: 9264

The DOB issued a violation notice to landlord for not maintaining the elevators when she didn't give its inspectors access to the machine room. The ALJ dismissed the violation because failure to provide access doesn't prove the elevators weren't being maintained. The DOB appealed, and the ECB ruled for landlord. Lack of access doesn't prove there was any problem with elevator maintenance, so a violation isn't warranted.

The DOB issued a violation notice to landlord for not maintaining the elevators when she didn't give its inspectors access to the machine room. The ALJ dismissed the violation because failure to provide access doesn't prove the elevators weren't being maintained. The DOB appealed, and the ECB ruled for landlord. Lack of access doesn't prove there was any problem with elevator maintenance, so a violation isn't warranted.

City of New York v. Clinton Rlty. Co.: ECB App. No. 19510 (5/25/94) [2-page document]

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