Landlord Didn't Show Inoperative Elevator Was Being Modernized

Rent-stabilized tenants complained of a reduction in building-wide services based on an inoperative elevator. The DRA ruled for tenants and reduced their rents. Landlord appealed and lost. Landlord claimed that the DRA concluded in error that landlord lacked a permit for elevator modernization, and that the elevator was inspected and cleared for use on the same day that the rent reduction order was issued. But on the date that the DHCR's inspector was there, the elevator wasn't working and contractors were working on the inside of the elevator shaft. Landlord never filed an answer to tenants' complaint before the DRA. So landlord couldn't raise any defenses on appeal.

Morris Heights, LLC: DHCR Adm. Rev. Docket No. BO610004RO (1/3/14) [2-pg. doc.]