Building Code Doesn't Require 24-Hour Elevator Service

Former loft tenant, now subject to rent stabilization, sued landlord and HPD to obtain elevator accessibility. Tenant lived on the fifth floor, and the elevator was available only during business hours on weekdays, with the assistance of the building super. The elevator wasn't available at other times. The court had dismissed tenants' prior HP proceeding in 2016, finding that the court lacked subject matter jurisdiction in the case while the building was under Loft Board control. The Loft Board removed the building from loft coverage in October 2017, so tenant filed a new case for the same relief. The court ruled against tenant. Tenant claimed that NYC Admin. Code 27-989(a), applicable to buildings in J-1 occupancy groups, required the elevator to be available for immediate use by the Fire Department at all times. But the provisions weren't retroactive and didn't apply to the J-2 occupancy group where tenant's 1915 building was located. And even, if that Admin. Code provision applied to tenant's building, it required elevator access to the Fire Department, not to other people. Moreover, the 2016 court order found that the housing court couldn't make a ruling on this issue.

Mayer v. 812-816 Broadway LLC/Lighthouse Props. LLC: 66 Misc.3d 1203(A), 2019 NY Slip Op 52106(U) (Civ. Ct. NY; 12/23/19; Stoller, J)