Brief Elevator Service Interruption Wasn't Hazardous Condition

DOB issued a violation notice to landlord for failing to maintain an elevator in a safe and code-compliant manner. DOB's inspector observed that the building's only elevator was out of service at the time the notice was issued. Landlord argued that the elevator in its six-story building was stuck for two hours on the date of the violation and that this wasn't a hazardous "Class 1" condition as cited. DOB claimed that the violation severely affected the life and safety of tenants. The ALJ ruled against landlord and fined it $1,000. Landlord appealed and won. In other cases, DOB imposed lesser Class 2 violations where elevators were out of service for months or had ongoing dangerous conditions. Here, the elevator was repaired within hours and there was no evidence of any danger to anyone. The violation was dismissed and the fine revoked.

14L Pierre Associates LLC: ECB App. No. 1201019 (1/31/13) [3-pg. doc.]